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2004 DIGILAW 1149 (PAT)

Mahendra Kumar Thakur v. State of Bihar

2004-11-22

body2004
ORDER Heard counsel for the parties. 1. This writ application is directed against the order as contained in Annexure-12 dated 17.7.2003 whereby and whereunder representation filed by the petitioner for his absorption on class III post has been rejected. 2. It is submitted by learned counsel for the petitioner that the petitioner initially was appointed in tha Maharani Rameshwari Bhartiya Chikitsa Vigyan Sansthan (hereinafer referred to as the "Institution") by the Screening Committee on the post of Yoga Pradarshak vide order dated 30th May, 1979 and thereafter he continued on the post for several years and subsequently he has been reverted back to class IV post. It is further submitted by learned counsel that the petitioner had challenged the order of reversion before this Court in CWJC No. 3630 of 1999 which was disposed of with direction to the authorities to consider the representation of the petitioner for his absorption on class III post. Thereafter the petitioner came in contempt which was disposed of on 12.11.2003 and in the meantime, his representation for his absorption on the post of Physical Training Instructor has been rejected. 3. According to the case of the respondents, the petitioner was not qualified for class III post after take over of the institution in 1985. However, from the counter affidavit filed on behalf of the State, it appears that the post of Physical Training Instructor is still vacant in the institution in question and despite direction of this Court, he has not been considered for the same. 4. From the earlier order passed by this Court as contained in Annexure-9, it appears that the authorities were directed to consider the case of the petitioner and in case the post of Physical Training Instructor, was vacant, he was to be considered for that post. However, from the order impugned, it does not appear that the case of the petitioner was considered in the light of the order passed by this Court in its entirety. 5. According the case of the petitioner, he appears to be eligible for that post and for about 18 years he worked on the post of Yoga Pradarshak. Since the post of Physical Training Instructor, a class III post, is still lying vacant, the case of the petitioner should be considered in accordance with law keeping in view eligibility criteria of the petitioner for the post. 6. Since the post of Physical Training Instructor, a class III post, is still lying vacant, the case of the petitioner should be considered in accordance with law keeping in view eligibility criteria of the petitioner for the post. 6. For the reasons aforementioned, the order impugned as contained in Annexure-12 is not sustainable in law. 7. In the result, this application is allowed. The order impugned as contained in Annexure-12 is set aside and the authorities are directed to reconsider the case of the petitioner, in the light of the observations made aforesaid, within a period of three months from the date of receipt/production of a copy of this order.