Petitioner challenged seniority list and office orders regarding appointment charges as Assistant and Executive Engineer. Counsel announced the petition was infructuous; court dismissed it accordingly.
Disposal of writ petition without adjudication on merits due to counsel stating it is infructuous.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4682 of 2013
Sri Lall Bahadur, s/o Late Mahadeo Rajak, presently working as Assistant Engineer, Quality Control Division No. 2, Directorate of Quality Control, Public Works Department, Ranchi, Jharkhand, r/o Bank Colony, Mission School Road, PO & P.S.: Hazaribagh, Dist.: Hazaribagh, Jharkhand … … Petitioner
Versus
… … Respondents
--- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
Through Video Conferencing
15 /10.02.2022 This petition has been filed for the following reliefs:
2
“For issuance of an appropriate writ/order/direction from this Hon’ble High Court in the nature of certiorari for partially quashing and modifying the final seniority list of Assistant Engineers issued by the Road Construction Department, Jharkhand Government vide notification no. 5811 (S) dated 13.11.09 correcting the petitioner’s seniority therein and restoring it to the rightful place at Sl. No. 228 instead of Sl No. 238 as well as an appropriate writ/order/direction from this Hon’ble High Court in the nature of certiorari for quashing Office Order no. 13 dated 3.2.11 read with Memo 452 dated 3.2.11 issued by the Rural Works Department, Jharkhand Government whereby one Jay Prakash Ravidas has been shown senior to the petitioner in the post of Assistant Engineer in an arbitrary and illegal manner and has been given the additional charge of Executive Engineer, NREP, Giridih as well as an appropriate writ/order/direction from this Hon’ble High Court in the nature of mandamus directing the respondents to give the charge of Executive Engineer, N.R.E.P., Giridih to the petitioner in accordance with his seniority and for issuance of an appropriate writ/order/direction from this Hon’ble High Court for stay of the Office Order no. 13 dated 3.2.11 read with Memo 452 dated 3.2.11 issued by the Rural Works Department, Jharkhand Government during the pendency of the instant case and any other appropriate writ or order or direction as this Hon’ble Court may deem fit and proper.”
2. Learned counsel for the petitioner Mr. Rohit, on instructions, submits that the present petition has become infructuous and accordingly, he does not want to press it.
3. Counsel for the respondents is present.
4. Accordingly, this writ petition is dismissed as infructuous.
5. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Pankaj
1 issue framed by the court
Whether a writ petition challenging seniority placement and office orders becomes infructuous.
Sri Lall Bahadur
The State of Jharkhand
Principal Secretary, Road Construction Department, Jharkhand
Principal Secretary, Rural Works Department, Jharkhand
Shri Jay Prakash Ravidas
ANUBHA RAWAT CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
