JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Sumeet Gadodia, learned counsel appearing on behalf of the petitioner along with Mr. Rajiv Ranjan, Advocate.

2. Heard Mr. Achyut Keshav, learned counsel appearing on behalf of the respondents.

3. This writ petition has been filed for the following reliefs:

“(i) For issuance of an appropriate writ/order/direction, including Writ of Mandamus, directing the Respondents, particularly Respondent No. 2, to immediately appoint the petitioner on the vacant sanctioned Class IV Post in the district of Deoghar especially in view of the fact that the petitioner has secured more marks than that of several candidates who have been given employment by the Respondents-authorities.

(ii) For issuance of further appropriate writ/order/direction including Writ of Mandamus, directing the Respondents, particularly Respondent No. 2, to immediately sanction the roster clearance of remaining 104 admitted sanctioned vacant Class IV posts in the district of Deoghar and appoint the petitioner on any one of the said vacant sanctioned posts forthwith.

(iii) For issuance of further appropriate writ/order/direction, including Writ of Mandamus, directing the Respondents not to arbitrarily discriminate the petitioner in the matter of his appointment petitioner on Class IV post especially in view of the fact that several similarly situated persons including; Surendra Prasad Das, Dashrath Mahto, Ram Pravesh Kumar, Bhim Kumar Sharma, Kedar Das etc. who have obtained lesser marks than that of the petitioner, have been appointed on the vacant sanctioned Class IV post in the district of Deoghar.

(iv) For issuance of any other appropriate writ/order/direction as Your Lordships may deem fit and proper in the facts and circumstances of the case.”

Arguments of the petitioner

4. The learned counsel for the petitioner has confined his relief to prayer no. (ii).

5. The learned counsel for the petitioner submits that vide advertisement dated 21.11.2001, the Deputy Commissioner, Deoghar invited applications for appointment on the vacant class-IV posts in the pay-scale of 2550-3200. The said advertisement was published for inviting applications from eligible candidates for preparation of panel for appointment on the vacant class-IV post in the district of Deoghar. He submits that it is not in dispute that total vacancy in the class-IV posts in the district of Deoghar was 129. The learned counsel further submits that in spite of advertisement, the result was not declared for about three years and the District Establishment Committee, in its meeting held on 31.08.2004, decided to conduct the written examination of the level of Class-VIII pursuant to the advertisement dated 21.11.2001. He submits that the said decision dated 31.08.2004 was challenged by the writ petitioner along with similarly situated persons in W.P. (S) No. 5387 of 2004. Similarly situated persons had also filed similar writ petitions which were ultimately dismissed vide judgment dated 16.02.2005 passed in W.P. (S) No. 5387 of 2004 with other analogous cases. The learned counsel submits that the petitioner had filed appeal being L.P.A. No. 141 of 2005 challenging the aforesaid judgment dated 16.02.2005.

6. The learned counsel further submits that similar issue arose from the district of Hazaribagh and the order passed in the writ petition in those cases was subject matter of appeal in L.P.A. No. 455 of 2005. The order of the LPA has been placed on record which is at Annexure-3. The learned counsel submits that it was indicated in the said order that the appellants had participated in the written test which was scheduled to be held on 24.07.2005, but the result was withheld on account of the order passed by the Court. Consequently, the L.P.A. court considered the submission made on behalf of the respective parties and having regard to the fact that the weightage of 50 marks which comprised 1/3rd of the total marks was to be awarded to the appellants of the case, did not in