Petitioners filed a writ petition challenging a seniority list that allegedly included ineligible employees holding engineering degrees from unapproved institutions. Counsel submitted that the case became infructuous due to a subsequent gradation list. The court disposed of the petition as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5400 of 2009 With
I.A. No. 10852 of 2022
2
26.Ashok Kumar son of Late Banaras Prasad
27.Kaushal Kumar son of Late Mangal Prasad
… … Respondents
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioners : Mr. Arpan Mishra, Advocate For the Resp.-State : Mr. Suresh Kumar, Advocate Mr. Pankaj Kumar Choudhary, Advocate For the Resp.- UOI : Mr. Shiv Kumar Sharma, CGC
18 /25.11.2022 Mr. Arpan Mishra, learned counsel for the petitioners is present.
2. Mr. Suresh Kumar, learned counsel for the respondent- State along with Mr. Pankaj Kumar Choudhary, learned counsel for the State is present.
3. Mr. Shiv Kumar Sharma, learned counsel is appearing on behalf of the respondent- Union of India.
4. Nobody appears on behalf of the private respondents.
3
5. This writ petition has been filed for the following reliefs:
“For issuance of appropriate writ(s)/order(s)/direction(s) for quashing of the order contained in memo no. 5429 (s) dated 27.10.09 including the gradation list appended thereto so far the Respondent No. 8 to 22 are concerned whereby and whereunder the said Respondents who are neither eligible nor have obtained/passed the Engineering Course from any AICTE approved Institute have been illegally included with the Petitioners who have obtained Degree in Engineering from AICTE approved Institution.
And/Or
The Petitioner further prays for issuance of appropriate command or direction upon the Respondents showing them cause as to how and under what circumstances that too without even bothering to enquire into the geneunity of the Degree and the Institutes from where such degree has been obtained by the Respondent No. 8 to 22, they have considered and included them in the impugned seniority list to the serious detriment of the Petitioners.
And/Or
The Petitioner further prays for appropriate/suitable direction and command upon the Respondents particularly the Respondent No. 5 to enquire into the genuinity of the certificates/degrees of Engineering having been submitted by the Respondent No. 8 to 22 and to initiate proper lawful actin/proceedings as against them as well as the respondent no. 7 which allegedly runs a two room branch at Ranchi.”
6. Learned counsel for the petitioners submits that the present
interlocutory application being I.A. No. 10852 of 2022 has been filed in view of the fact that there has been a subsequent gradation list published during the pendency of the present case and for all practical purposes, the present case has become infructuous and he does not want to press this writ petition.
7. Considering the aforesaid submissions, the present writ petition is disposed of as not pressed.
8. All pending I.As are closed.
(Anubha Rawat Choudhary, J.)
Pankaj
Satyanarayan Singh and others
The State of Jharkhand
The Secretary, Road Construction Department, Government of Jharkhand
The Addl. Secretary, Road Construction Department, Government of Jharkhand
The Deputy Secretary, Road Construction Department, Government of Jharkhand
The Director General of Police, Vigilance Bureau
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
