RANCHI, India, Jan. 19 -- Jharkhand High Court issued the following order on Dec. 18:

1. The defects pointed out by the Registry are ordered to be ignored. I.A. No. 6562 of 2021

2. Issue notice.

3. Mr. Ananda Kumar Sinha, learned counsel, accepts notice for respondent No.1 and Mr. S.P. Roy, learned counsel, accepts notice for respondent Nos. 5 to 7 and waive service.

4. For the reasons set out in the application, we find sufficient cause to condone the delay of 394 days that has crept up in filing of the Civil Review petition.

5. Ordered accordingly.

6. I.A. No. 6562 of 2021 stands disposed of.

Civil Review No. 15 of 2021 Prayer

7. The instant review petition is under Section 114 and Order 47 Rule 5 of the Code of Civil Procedure, seeking review of the order dated 28.11.2019 passed in L.P.A. No.11 of 2019.

Factual Matrix

8. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated reads as hereunder:-

(i) The writ petitioner has joined his services in the year 1996 on Daily rated basis on Class-IV category. Similarly situated persons approached this Court in C.W.J.C. No.2338 of 1998 (R) which was disposed of vide order dated 27.11.1999, with a direction to the Respondent-State of Bihar to take necessary steps for filling up the vacant post in Road Construction Department.

(ii) The said order was modified vide order dated 16.12.1999, whereby benefit of age relaxation was granted as also a direction was issued to consider the length of past services of such persons at the time of consideration of appointment.

(iii) The State-respondent, in terms of the order passed by this Court in C.W.J.C. No.2338 of 1998 (R) has come out with an advertisement. The writ petitioner had applied for appointment on Class-IV post but not appointed and hence, filed representation before the respondents but the representation having not been decided, the writ petitioner has approached this Court by filing writ petition being W.P.(S) No.1951 of 2016.

(iv) In terms of the process of selection initiated, the name of the writ petitioner finds place at serial no.98 vide Annexure-6 to the writ application, whereas one Rubi Kumari who is at serial no.101 of the said panel, has approached this Court by filing the writ petition being W.P.(S) No.7386 of 2012, which was disposed of vide order dated 18.09.2013 and in pursuant to the direction, the respondents have granted appointment to the said Rubi Kumari.

(v) Learned Single Judge has passed an order directing the respondents to grant appointment to the petitioner on Class-IV post. The said order is under challenge in the Letters Patent Appeal being L.P.A. No.11 of 2019 preferred by the State of Jharkhand, inter-alia on the ground that the panel list which was prepared in the year 2006 has expired and exhausted after one year as per Circular No.16441 dated 03.12.1980 and Circular No.3577 dated 25.04.1997, issued by the Personnel and Administrative Reforms Department, erstwhile the State of Bihar which clearly stipulates the validity period of panel which will be operative for a period of one year and since the period of one year has lapsed from the year 2006, no appointment can be given to the writ petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoH0NA%2BKSDshuiIpdIqm5SlDEp3POnYUaOa6ApiIZ7DpA&caseno=C.Rev./15/2021&cCode=1&cino=JHHC010039442021&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.