Jharkhand High Court
Nitesh Kumar vs State Of Jharkhand Through The ... on 6 May, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 5437 of 2023
Nitesh Kumar, aged about 45 years, son of Sri Awadh Kishor
Choudhary, Resident of Q- No. 207, 10 No. Basti, Sukhiya Road, P.O.
Golmuri, P.S. Sidhgora, Town-Jamshedpur, Dist. East Slinghbhum,
Jharkhand ... ... Petitioner
Versus
1. State of Jharkhand through the Principal Secretary, Department of
Home, Prison and Disaster Management, Government of Jharkhand,
having office at Project Bhawan, P.O & P.S- Dhurwa, District-
Ranchi, Jharkhand;
2. Director General -cum- Inspector General of Police, Jharkhand,
having office at Police Headquarter, P.O. & P.S: Dhurwa, Dist:
Ranchi, Jharkhand;
3. Inspector General of Police (Personnel), Ranchi, Jharkhand,
having office at Police Headquarter, P.O. & P.S: Dhurwa, Dist:
Ranchi, Jharkhand;
4. Deputy Inspector General of Police (Personnel), Jharkhand, having
office at Police Headquarter, P.O. & P.S: Dhurwa, Dist: Ranchi,
Jharkhand; ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Diwakar Upadhyay, Advocate
For the Respondents : Mr. Ashish Kumar Shekhar,
A.C. to S.C. (L&C) II
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06/06.05.2024 Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:-
"For issuance of a writ(s), order(s), direction(s) in the nature
of 'Mandamus' for a direction upon the respondents to consider the
case of the petitioner for appointment on the post of 'Steno Assistant
Sub- Inspector', as the persons who obtained 'zero' marks in
Stenography have been arbitrarily selected 'de-hors' the rules and
regulations, and also in light of the fact that the aforesaid issue is no
more res-integra and has already been set at rest by this Hon'ble
Court in terms of Order dated 11.04.2023 passed in W.P.(S) No. 1186
of 2017 and other analogous cases.
And/Or
b. For further issuance of a writ(s), order(s), direction(s) in the nature
of 'Mandamus', directing the respondents to grant all consequential
benefits to the petitioner including seniority and difference in arrear
of salary, which would have accrued to the petitioner, had he been
appointed on the post of Steno ASI from the date when the other
persons were appointed on the said post."
3. Learned counsel for the petitioner submits that this case is
squarely covered by the judgment passed by this court in W.P. (S) No.
1186 of 2017 with other analogous cases.
4. Learned counsel for the respondents has submitted that though
the case is covered by the aforesaid judgment but the same is subject
matter of appeal filed by the State being LPA No. 577 of 2023 and
LPA No. 573 of 2023 which is pending.
5. Considering the aforesaid submissions, it is not in dispute that
the present case is squarely covered by the judgment passed in W.P.
(S) No. 1186 of 2017 and other analogous cases.
6. It is sufficient to observe that the case of the petitioner would
be ultimately governed by the outcome of the LPA. No. 577 of 2023
and LPA No. 573 of 2023 as and when decided. This writ petition is
accordingly disposed of.
(Anubha Rawat Choudhary, J.)
Binit
