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2016 DIGILAW 673 (PAT)

Bikash Kumar S/o Shivdutt Mandal v. State of Bihar through the Principal Secretary, General Administration Department

2016-05-19

AJAY KUMAR TRIPATHI

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JUDGMENT : Ajay Kumar Tripathi, J. Heard both the parties. 2. The petitioners filed a writ application for a direction for grant of benefit of weightage on the basis of experience, they have got while working as Fishery Extension Officers on contract basis. This direction/prayer is being sought on the basis of resolution of the General Administration Department, which is Resolution No. 8025 dated 21.05.2013 annexed as Annexure-5 to the writ application. 3. It is widely known that since regular appointments were not being made in the State of Bihar for one reason or the other but still keeping in mind the requirement of manpower and the vacancy position in various departments, appointments on large scale have been done on contract basis. People have worked in that capacity for a while and naturally hopes and aspiration to work on a regular basis has been created in their mind and heart, i.e. as and when regular appointments are made, they will get some kind of advantage of experience and working, may be on contract. 4. When the State of Bihar started making appointments and filling up posts on substantive basis representations were filed and hue and cry for grant of weightage was raised. The General Administration Department, which is a Nodal Department issued the resolution contained in Annexure-5 giving a directive to one and all that whenever such appointments on substantive basis are required to be made, weightage may be given to candidates, who have been working on the basis of contract. 5. Learned Senior Counsel for the petitioners submits that the Animal Husbandry and many other departments have given weightage to such candidates in matters of appointment but for some strange reason the Directorate, Fisheries, Government of Bihar is refusing to do so. 6. The counter affidavit on behalf of the respondent Nos. 2 to 3 has been filed. The Court is surprised to notice the stand taken therein as if the Department of Fisheries is an independent limb of the State and would not be covered by the directive of the General Administration Department. In fact, so much of independence would be bad for governance. Flexing of muscle by the Fisheries Department that the General Administration Department's directive or resolution is not binding upon them, is nothing but open defiance of the Department, which is not an acceptable position. In fact, so much of independence would be bad for governance. Flexing of muscle by the Fisheries Department that the General Administration Department's directive or resolution is not binding upon them, is nothing but open defiance of the Department, which is not an acceptable position. The General Administration Department is the Nodal Department and each and every department has to abide by the directive issued by it. If they have any resistance to offer, it must be sorted out internally but such a position or belligerence cannot be shown in a court of law. 7. In view of the above, the writ application is allowed with a directive upon the Director, Fisheries, Government of Bihar that he has an obligation to abide by the directive of the General Administration Department as contained in Annexure-5 and provide weightage to the candidates in conformity with the said directives, who are working on contract in the department.