CWJC/8666/2003 of SHIV SHANKAR SHARMA and ORS Vs THE STATE OF BIHAR and ORS on 22 December 2010

1. SHIV SHANKAR SHARMA, SON OF SHRI INDRADEO SHARMA

2. BINDA PRASAD, SON OF SHRI VISHWANATH PRASAD

3. KUBER MANJHI, SON OF MUKHDEO MANJHI

4. KAILASHPATI SHARMA, SON OF SHRI INDARA DEO SHARMA

PETITIONER NOS. 1, 3 AND 4 ARE RESIDENT OF VILLAGE BASDILA BAZAR, POLICE STATION AND DISTRICT GOPALGANJ, PETITIONER NO. 2 RESIDENT OF VILLAGE INDARWAN, POLICE STATION THAWE (MANJHA), DISTRICT GOPALGANJ

…………………………………………………………………PETITIONERS

VERSUS

1. THE STATE OF BIHAR THROUGH THE COMMISSIONER –CUM- SECRETARY, DEPARTMENT OF HEALTH, OLD SECRETARIAT, GOVERNMENT OF BIHAR, PATNA SECRETARY, DEPARTMENT OF HEALTH, OLD SECRETARIAT, GOVERNMENT OF BIHAR, PATNA

2. THE DIRECTOR-IN-CHIEF, DEPARTMENT OF HEALTH, OLD SECRETARIAT, GOVERNMENT OF BIHAR, PATNA SECRETARIAT, GOVERNMENT OF BIHAR, PATNA

3. THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA

4. THE DISTRICT MAGISTRATE, GOPALGANJ

5. THE CIVIL SURGEON –CUM- CHIEF MEDICAL OFFICER, GOPALGANJ

6. THE DISTRICT MALERIA OFFICER, GOPALGANJ

………………………………………………………………RESPONDENTS

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722/12/2010

The petitioners were casual workers appointed between the years 1982 to 1990 as DDT Spray Workers. They claim that they have worked up to the year 2000. In the year 2001, an advertisement was issued to fill up the Class-IV vacancies against 158 posts that were vacant.

After the advertisement, a panel was prepared by the District Magistrate, Gopalganj. Several writ applications were filed before this Court, which are CWJC No. 1044 of 2005 and its analogous cases by the persons who were claiming that their cases ought to be considered for the appointment on the post of Class-IV. This Court while considering the cases of the petitioners who had filed the writ applications passed the following orders.

“I regret not to accept such submission. After orders having been passed in the contempt application, the Collector of the district noticed mistake in the panel on the basis of which appointment orders, Annexures-6 and 7 have been issued, this Court should not allow the mistake to be perpetuated, accordingly, while setting aside the panel, Annexure-5 and the appointment orders, Annexures-6 and 7 as also the subsequent panel, Annexure-C, direct the Collector, Gopalganj to prepare fresh panel in the light of the advertisement, Annexure-3 from amongst those who were the applicants pursuant to Annexure-3 taking into account the length of engagement rendered by the applicants in the Collectorate, its attached offices, government offices, including, government schools and hospitals situate within the district of Gopalganj. While preparing the fresh panel, the Collector, Gopalganj shall allow all those who are included in the panel, Annexure-5, Annexure-C as also the intervenors to put forth their case, if they are willing to satisfy the Collector, Gopalganj about the length of engagement rendered by them as candidate peon/ daily wager in the Collectorate, attached offices, Government offices, including Government School/ Hospital situate

within the district of Gopalganj. Having prepared the panel, the Collector, Gopalganj will make appointment in the Collectorate and attached offices on the basis of the roster finalized by him and recommend for appointment in the other government offices, including Government School and Hospital from the panel as per the requisition furnished by the respective appointing authority, which shall be prepared considering the length of engagement in the light of this order. While preparing the panel, the Collector, Gopalganj shall grant the benefit of age relaxation for the period between the date of advertisement till the date of publication of the panel in the light of this order. While making appointment against the 158 vacancies notified in the advertisement, there is hardly any occasion for making appointment by applying sub-section (6) of Section 4 of the Act as the appointment on those posts were never deferred on account of non-availability of suitable candidates. It was for administrative reasons that the appointments were deferred and delayed. In case of delay in appointment on account of administrative reasons, sub-section (6) of Section 4 of the Act has no application, which applies only in case of non-availability of suitable candidates.

As the advertisement is about eight years old, it is directed that the panel in terms of this order be prepared as early as possible, in any case within three months from the date of receipt/ production of a copy of this order and in the light of the panel, appointment/ recommendation letters be issued within the same time and be acted upon forthwith. These writ applications are, accordingly, disposed of.”

In the present case, Counsel for the petitioners submits that they would also come within the zone of consideration as they too had applied against the advertisement made in the year 2001. Out of the four petitioners, only one of the petitioner, namely, Shiv Shankar Sharma, petitioner no. 1’s name find place in the panel prepared by the District Magistrate, Gopalganj. This Court, therefore, directs that the District Magistrate, Gopalganj should comply with the orders of this Court passed in CWJC No. 10444 of 2005 and analogous cases. In case, any fresh panel has not been prepared as yet, the petitioners’ case ought to be considered by the District Magistrate in the light of the orders of this Court.

The petitioners are directed to produce a copy of this order before the District Magistrate, Gopalganj within a period of eight weeks from the date of receipt of a copy of this order. The District Magistrate should thereafter prepare a panel within a period of four months and issue appointment letters after getting the approval of the State Government, if necessary, within a period of six months.

This writ application is disposed of with the aforesaid observations and directions.

Anand

( Sheema Ali Khan, J. )