JUDGMENT :

Biswanath Rath, J.

The fact as revealed from the pleadings of the parties is that the petitioners are all Local Self Government diploma holders and eligible to be considered for employment in Local Fund Service Cadre (for short “L.F.S. cadre”) post under the local bodies. Before approaching this Court, the petitioner no.1 had earlier approached this Court in O.J.C.No.5379 of 2000 seeking direction against the opposite parties therein to sponsor his name and consider his candidature as Junior Assistant for L.F.S. Cadre post relaxing the age limits. On their appearance, the opposite parties filed their counter disclosing the fact that all the eligible candidates including the petitioner have already been sponsored by the employment exchange and on their participation, list of eligible persons has already been notified under the select list. Considering the rival submissions of the parties, this Court disposed of the O.J.C.No.5379 of 2000 by order dated 5.12.2007 directing the State Government in Urban & Housing Development Department to take steps in terms of the affidavit and complete the entire exercise within a period of three months from the date of communication of the order. The petitioners further submitted that the select list as referred to hereinabove contained altogether 181 candidates including the name of the present petitioners (Annexure-1). Since the direction of this Court in the aforesaid writ petition was not worked out within the reasonable time, the petitioners were compelled to file CONTC No. 696 of 2008 and this Court after hearing the parties in the dispute and without expressing any opinion as to whether it is open for the Urban Development Department to take any such reservation or not thereby reducing the number of posts for direct recruitment disposed of the contempt petition with a direction to the Secretary, Housing & Urban Development Department and Secretary, Finance Department to take a decision and implement the same within a period of two months from the date of communication of the order. Finding no development in the matter thereafter, the petitioner no.1 again filed CONTC No.1070 of 2011 for non-compliance of the order of this Court in O.J.C .No.5379 of 2000 and CONTC No.696 of 2008. This contempt petition was also disposed of by order dated 25.7.2012 directing the opposite parties to fill up the vacant 40 post under unreserved category out of the select list and beyond that there being no vacancy, the question of implementation of order does not arise. However, since there were 40 unreserved vacancies at that moment, the High Court disposed of the contempt petition confining to the appointment of 40 posts and further held that there is no question of further stretching of the merit list. The petitioners alleged that in the meantime about 64 vacancies are available in the department and even though the select list clearly indicated that the list remained valid till the list remains exhausted and yet there is no steps taken by the opposite parties for giving appointment to the petitioners and the other selected persons find place in the select list under Annexure-1. By filing this writ petition, the petitioners sought for a direction against the opposite parties to take all possible steps for giving appointment to the petitioners by exhausting the select list under Annexure-1 and making offer of appointment to the petitioners in the post of Junior Assistant (L.F.S. Cadre) or alternatively to extend the benefit of employment against the vacancies arose/existing by 25.7.2012.

2. Per contra, the opposite party nos. 1 and 2 on their appearance filed a counter affidavit indicating therein that the statements made by the petitioners in relation to the order passed by this Court in CONTC Nos. 696 of 2008 and 1070 of 2011 are not correct. Necessary appointment orders in favour of the candidates of the merit list holders of 2001 was issued keeping in view the available vacancies in the post of