Chandrika Ram And Others vs The State Of Jharkhand And Others on 13 March, 2014

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Jharkhand High Court

Chandrika Ram And Others vs The State Of Jharkhand And Others on 13 March, 2014

Bench: Chief Justice

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           C.M.P. No.  80 of 2014
                                 
            Chandrika Ram & Others                ... ... Petitioners
                                  Versus
         The State of Jharkhand and Ors.                      ...      ...       Respondents
                          
         CORAM    : HON'BLE THE CHIEF JUSTICE
                       : HON'BLE MR. R.R. PRASAD
                                     
         For the Petitioners     : Mr. Ajit Kumar, A.A.G.
         For the Respondents  : Mr. Indrajit Sinha, Advocate
                                               
                                                        th
         Order No. 2                           Dated 13    March, 2014.
                                                                       

         1.    This Civil Miscellaneous Petition has been preferred on behalf 
         of   the   High   Court   of   Jharkhand   to   modify   the   order   dated 
         06.02.2014

by fixing the cutoff date of vacancy position as "31.3.2014" in place of "31.12.2014" appearing in para69(iv)of the judgment.

2. We have heard Mr. Ajit Kumar, learned A.A.G, appearing on behalf of the petitioner as well as Mr. Indrajit Singh, learned counsel appearing on behalf of the respondents.

3. In the instant C.M.P., it is stated that if the cutoff date of 31.03.2014 is taken for the calculation of the vacancies, then there shall be a total of 75 vacancies and if the cutoff date of 31.12.2014 is taken for the calculation of the vacancies, then there shall be a total of 86 vacancies under the quota of Rule 4(b) of the Jharkhand Superior Judicial Services (Recruitment, Appointment and Conditions of Service) Rules, 2001. According to the petitioner, if the entire vacancies up to 31.12.2014 are filled up, then only twelve (12) officers will remain in the cadre of Civil Judge (Junior Division) and there will be a huge vacuum in the cadre of Civil Judge (Senior Division) and, therefore, the petitioner seeks change in cutoff date of vacancy position as "31.03.2014" in place of "31.12.2014" by way of modification in the Judgment dated 06.02.2014.

4. Having regard to the submissions of the learned counsel for the petitioner and the averments advanced in the instant C.M.P., the cutoff date of vacancy position i.e. "31.12.2014" as stated in Para69(iv), is modified and shall be read as "31.03.2014".

5. Accordingly, this Civil Miscellaneous Petition is allowed.

6. The petitionerHigh Court of Jharkhand, Ranchi is directed to take into account the vacancy position as cutoff date of 31.3.2014 for filing up the vacancies under the quota of Rule 4(b) of the Jharkhand Superior Judicial Service (Recruitment, Appointment and Conditions of Service) Rules, 2001.

7. During course of hearing, it was brought to our notice that due to typographical error, in Paragraph No. 67(iii) of the judgment dated 06.02.2014, "respondent Nos. 4 to 26" has been typed instead of "respondent Nos. 4 to 6". Therefore, it is ordered to be corrected as "respondent Nos. 4 to 6".

(R. Banumathi, C.J.) (R.R. Prasad, J.) Brajesh/

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