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2012 DIGILAW 148 (PAT)

Chandradeo Singh v. State of Bihar

2012-01-24

V.N.SINHA

body2012
ORDER Heard learned counsel for the petitioners, State and the counsel for the Bihar Public Service Commission (hereinafter referred to as “B.P.S.C.”) 2. Petitioners were applicant for appointment on District Level Class-III post available in the Regional Offices of Gopalganj District pursuant to Advertisement No. 51/98, Annexure-1 published by the B.P.S.C. Perusal of the advertisement indicates that the requisition submitted by the authorities of the District Administration, Gopalganj did not contain information about the number of vacancies. Later, information about the vacancies was given to the B.P.S.C. under Letter No. 41/H dated 13.5.2005, Annexure-B to the counter affidavit filed on behalf of Respondent No. 3, Collector, Gopalganj. From perusal of the letter dated 13.5.2005 it appears that B.P.S.C. was informed that there are 60 Class-III vacancies available in the Collectorate, Gopalganj, its attached offices and other Regional offices situate within Gopalganj District. In the light of the vacancy position, informed under letter dated 13.5.2005, further clarification was sought by the B.P.S.C. from Collector, Gopalganj about the roster position of the vacancies informed, under letter dated 30.12.2006, Annexure-B/1 to the counter affidavit filed on behalf of Respondent No. 3. In response to the aforesaid letter dated 30.12.2006, Collector, Gopalganj under Letter No. 91 dated 19.1.2007, Annexure-B/2 informed the B.P.S.C. the roster position concerning the 14 vacancies of Revenue Karmchari with further request to Commission not to make recommendation against the vacancies of clerk which is to be filled up either by making compassionate appointment or by adjusting the employees of the District Rural Development Agency. 3. 3. During the last hearing of this case on 3.1.2012, counsel for the petitioner raised the question as to what happened to the other 46 vacancies which was informed to the B.P.S.C. under letter dated 13.5.2005 and submitted that appointment of D.R.D.A. employee by way of adjustment and compassionate appointment could not be made against the 46 vacancies available in the different Regional offices within Gopalganj District as adjustment of D.R.D.A. employee and compassionate appointment on Class-III post available in Regional Offices required to be filled up on the basis of the recommendation of the B.P.S.C./Staff Selection Commission cannot be made in the light of the circular of the Government dated 5.10.1991 as modified under circular dated 27.4.1995 which clearly states that compassionate appointment against those Class-III post which is to be filled up on the basis of the recommendation of either B.P.S.C. or Staff Selection Commission should not be made. He further pointed out that compassionate appointment is to be made in the same office in which the deceased employee served before his death. 4. In the light of the aforesaid submission this Court under orders dated 3.1.2012 asked the State counsel to seek further instructions in the matter from Collector, Gopalganj, Respondent No. 3. In the light of the aforesaid direction a supplementary counter affidavit has been filed on behalf of Collector, Gopalganj in which the same stand which was taken in the earlier counter affidavit has again been reiterated with further statement that against the available vacancies of clerk the D.R.D.A. employees are to be adjusted and compassionate appointment has been made. From the letter of the Collector dated 13.5.2005, Annexure-B it is quite evident that besides the vacancies of clerk and Revenue Karamchari in the Collectorate Gopalganj there was also vacancy of Correspondence Clerk, Clerk, Junior Accounts Clerk, Accounts Clerk, Lower Division Clerk, Store Keeper and Accountant-cum-Clerk in the different Regional offices situate within the territorial jurisdiction of Collector, Gopalganj. 5. Collector, Gopalganj may not be the appointing authority of clerks in the different Regional office(s) situate within his jurisdiction, but in my opinion, after receipt of the recommendation against the remaining 46 vacancies of clerks available in the different regional offices, situate within the territorial jurisdiction of Gopalganj the Collector is required to forward the same to the Regional office concerned for issue of formal appointment letter by the head of the Regional office. For ascertaining the roster point also it is the duty of the Collector to act as nodal officer of the different Regional Office for ascertaining the roster point from the head of the different Regional office situate within the territorial jurisdiction of Gopalganj Revenue District. Further the employees of the District Rural Development Agency could not have been adjusted in the Collectorate, Gopalganj either on compassionate ground or otherwise in the light of the instructions of the Government in circular dated 27.4.1995. Accordingly, I direct the Collector, Gopalganj to seek the roster point from the head of Regional Office concerned in regard to the vacancies of the different Regional office as informed to B.P.S.C. under letter dated 13.5.2005 and forward the same to B.P.S.C. so as to enable B.P.S.C. to make necessary recommendation as per the roster point received from the head of the Regional office. Collector shall call upon the head of the different Regional offices to furnish the roster point concerning the vacancies within one month from the date of receipt of a copy of this order and forward the same to the Commission, as early as possible, in any case within a period of two weeks of the receipt of the roster point from the head of the different Regional office. The Commission shall thereafter make necessary recommendation to the Collector who shall forward the recommendation to the head of the Regional office(s) for issue of appointment letter, as early as possible, in any case within one month from the date of recommendation. The Collector shall also issue notice to the wards/employees of the D.R.D.A. who have been appointed on compassionate ground or adjusted in the Collectorate and attached offices to show-cause as to why their adjustment/appointment on compassionate ground violating the instruction of the Government in circular dated 27.4.1995 be not cancelled and pass appropriate order in the matter, as early as possible, in any case within a period of one month from the date of receipt of the reply. 6. The writ application is, accordingly, disposed of.