Research › Search › Judgment

Patna High Court · body

2003 DIGILAW 334 (PAT)

Umesh Kumar v. State Of Bihar

2003-03-25

CHANDRAMAULI KR.PRASAD

body2003
Judgment Chandramauli Kr.Prasad, J. 1. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to fill up the post of Typist in Class III service in the State Technical Education Board on regular basis. 2. Shorn of unnecessary details, facts giving rise to the present writ application are that the petitioner earlier filed C.W.J.C. No. 12244 of 1992 (Umesh Kumar V/s. State of Bihar & Ors.), inter alia, praying for direction to the respondents for regularisation of his service on a Class III post and for payment of salary. By order dated 6th of December, 1995, said writ application was disposed of with the following direction : "In so far as the petitioners prayer for regularisation of services is concerned, the respondents are directed to initiate an appropriate proceeding for recruitment to the post against which the petitioner is working. If such recruitment proceeding is initiated the petitioner must be given an opportunity to appear in the same and there must be relaxation of his age if there is any age bar. Such procedure of recruitment must be initiated by the respondents concerned within a period of six months from today and it must be completed within a period of six weeks thereafter." 3. Complaining non-compliance of the aforesaid order, petitioner preferred M.J.C. No. 3168 of 1996 (Umesh Kumar V/s. The State of Bihar & Ors.) for initiating a proceeding for contempt against the respondents. However, when the matter was taken up on 19.8.1998, a statement was made that recruitment process has already been initiated. Accordingly, by order dated 19.8.1998 the contempt application was dismissed. However, when the case of the petitioner for regularisation was not taken up, he again filed C.W.J.C. No. 5131 of 1999 (Umesh Kumar V/s. The State of Bihar & Ors.) with a prayer for regularisation of service in a Class III post. The plea of respondents in the said writ application was that procedure for recruitment has been started through the Bihar Public Service Commission. On such a plea, the prayer of the petitioner for regularising the services departmentally was not acceded to and this Court gave liberty to the petitioner to participate in the said selection process. 4. The plea of respondents in the said writ application was that procedure for recruitment has been started through the Bihar Public Service Commission. On such a plea, the prayer of the petitioner for regularising the services departmentally was not acceded to and this Court gave liberty to the petitioner to participate in the said selection process. 4. It is the stand of the respondents that they wrote to the Bihar Public Service Commission for advertising the post but they declined to make any advertisement on the ground that making advertisement for recruitment to only four posts, shall involve huge resources which is not particable. Fact of the matter is that recruitment process till date has not been initiated, notwithstanding the order of this court dated 6th of December, 1995 wherein it was observed that the process for recruitment must be initiated within a period of six months. 5. When questioned as to why respondents are not initiating the recruitment process departmentally, Mr. Sanjay Singh, Standing Counsel No. IX submits that in view of the order of this court dated 30.3.2000 passed in C.W.J.C. no. 5131 of 1999 (Annexure-13), it is not feasible for the respondents to initiate the recruitment process departmentally as the same would be in the teeth of the observation of this court. He draws my attention to the following observation of the court in the said case which reads as follows : "The contention of the petitioners counsel is that his case should be regularised departmentally and not through the said Commission. This Court does not accept the said contention. This Court makes it very clear that in the pending recruitment procedure which has been initiated through the said Commission, the petitioner should apply if he has not already applied. This Court gives liberty to the petitioner to participate in the said selection process initiated through the said Commission." 6. Aforesaid observation was rendered by this court in the background of the fact that it was conveyed to the court that the process of recruitment has already been initiated. Situation has boiled down to this that the order of this court passed as back on 6th of December, 1995, for initiating recruitment process, is not being complied with and the petitioner is left high and dry. I am of the opinion that the observation of this court has to be understood in the background it was given. Situation has boiled down to this that the order of this court passed as back on 6th of December, 1995, for initiating recruitment process, is not being complied with and the petitioner is left high and dry. I am of the opinion that the observation of this court has to be understood in the background it was given. As the Bihar Public Service Commission has not made any advertisement, I am of the view that the respondents must initiate the process of recruitment within a period of six months and consider the case of the petitioner bearing in mind the observation of this court in its order dated 6th of December, 1995 (Annexure-6). 7. In the result, writ application is allowed. Respondents are directed to act in accordance with the direction given above. No costs.