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1999 DIGILAW 1217 (PAT)

Brahma Tiwari v. State Of Bihar

1999-11-18

SUDHANSU JYOTI MUKHOPADHAYA

body1999
Judgment 1. The petitioner has preferred this writ petition for direction on the Respondents to regularise his service as clerk to which post he is functioning since 1991. 2. According to the petitioner, he was enrolled with the Employment Exchange and names were called for by the Collector from the said Exchange. When the names of eligible candidates including petitioner were forwarded, after due selection, petitioner and some others were appointed as clerk, vide Memo No.307 dated 13th May 91. 3. The Respondents in their counter affidavit have stated that the petitioner was appointed by stop gap arrangement. The same is also evident from the order of appointment dated 13th May 91. The Respondents who were also taking work of typist from petitioner has not been disputed. 4. The counsel for the Respondents submitted that the Collector has now no power to make appointment against Class-Ill post, the power having delegated to the B.P.S.C. However, the aforesaid submission cannot be accepted in view of the fact that the B.P.S.C. was merely delegated with the power of selection, vide Resolution issued in December 95 and not the power of appointment. 5. Recently, it has come to the notice of this Court that the State Govt. vide Resolution No.4524 dated 1st June 99 has withdrawn the power of selection from the B.P.S.C. and delegated it to its authorities. 6. In the case of Anil Kumar and others vs. State of Bihar [1999(1) P.L.J.R. 487], similar case of regularisation of service fell for consideration, wherein this Court held that regularisation does not create permanency in the Govt. service. However, taking into consideration the Supreme Court decision, the Court held that an ad hoc or temporary employee should not be substituted by another ad hoc or temporary employee and it must be replaced by person regularly appointed. The Court while deprecated the action of continuance with the ad hoc arrangement, observed that the Government, if proposes to fill up the posts, they should be filled up by following the normal procedure of recruitment. Such order also does not prevent the State Govt. from sanctioning additional posts, if considered necessary and 50% of the sanctioned posts should be reserved for being filled up by persons who have continuously served the department on temporary, ad hoc or daily wage basis, or in other capacity for a period of five years or more. Such order also does not prevent the State Govt. from sanctioning additional posts, if considered necessary and 50% of the sanctioned posts should be reserved for being filled up by persons who have continuously served the department on temporary, ad hoc or daily wage basis, or in other capacity for a period of five years or more. Their merit has to be considered having regard to their educational qualifications, experience etc. but the norms should be laid down before the process of selection begin. 7. Following the decision aforesaid, in the case of Anil Kumar (supra), I remit the matter to the Collector, West Champaran, Bettiah to consider the case of petitioner and similarly situated persons for their appointment against appropriate Class-Ill posts to which they are entitled, in terms with the observations made by this Court in the case of Anil Kumar(supra). 8. It is expected that the Class-Ill posts, including the post against which the petitioner was functioning, shall be filled up on regular basis, on an early date, preferably within a period of six months. 9. It is needless to say that the appropriate age relaxation should be given in the case of employees under the State, on the basis of total period of service rendered by one or other such employee(s). 10. The writ petition stands disposed of with the aforesaid observations and directions.