Research › Search › Judgment

Patna High Court · body

2004 DIGILAW 985 (PAT)

Rajesh Kumar Singh v. State of Bihar

2004-09-17

body2004
ORDER 1. This application has been filed for issuance of a writ in the nature of mandamus commanding respondent no. 6 to appoint the petitioner as the part time Instructor in Automobile Engineering. 2. Short facts giving rise to the present application are that an advertisement was published inviting applications from the persons eligible for giving instruction in Automobile Engineering trade on part time basis in the scale of Rs. 500-750/-per month. The last date for submission of the applications was 30.4.1991. According to the petitioner, by order dated 18.4.1991 (Annexure-4), he was engaged to impart instruction on payment of Rs. 30/- per Class. It is the prayer of the petitioner that he be appointed for imparting instruction in the said trade with full admissible scale. 3. Mr. Pramod Kumar Sinha appears on behalf of the petitioner, whereas the State is represented by G.P.I. 4. The advertisement, in pursuance whereof the petitioner applied itself contemplated the appointment on part-time basis. Not only this, the last date for submission of the application was 30.4.1991 but the petitioner was engaged even before expiry of the said date vide letter dated 18.4.1991 on payment of wage at the rate of Rs. 30/- per Class. In that view of the matter, prayer made by the petitioner for appointment with admissible scale is not fit to be granted. 5. Mr. Sinha contends that as the respondents had initiated the process for engagement of Instructor, the same should be completed and mandamus be issued to make appointment. Said advertisement was issued as back as in the year 1991. At such distance of time, I am not inclined to issue the mandamus sought for by the petitioner. 6. Mr. Sinha also makes grievance that the petitioner has not been paid the wages for the work done. Petitioner shall be well advised to represent before respondent no.6 for the said purpose and in case, it is found that the petitioner had worked and the wages have not been paid, same be paid within three months from the date of filing of the said representation. 7. Application stands dismissed in limine with the observation aforesaid.