DHIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Special leave granted. Heard learned counsel for both sides.

(2.) It appears that somewhere in the year 1988, in response to an advertisement, the appellants herein applied to the District Judge, Nalanda, bihar Sharif, for being appointed as clerks in the District Court. There were other applicants too. The six appellants on the basis thereof were given ad hoc appointments in February 1991, subject to their appearing in the examination for regular selection. This method was not appreciated by the High Court which ordered revision of the orders of the District Judge making appointment. As a result the appellants lost their jobs. The claim of the appellants is that the selection had taken place on prior approval of the Inspecting Judge of the High Court who is said to have participated in the deliberations. This is asserted to give some credence to the selection process. However, this assertion stands disputed. It is rather cross-asserted that only the District Judge and two Additional District Judges, were members of the selection committee and the applications of the appellants alone were processed leaving that of others. The appellants now have been deprived of their ad hoc service, but that does not mean that their applications stand exhausted. They stand reverted to their original position when deprived of their ad hoc service. They were and remain applicants of the year 1988 and have a right to compete and have their claims considered at the time of regular selection. No fault can however be found, in these facts and circumstances, in terminating their ad hoc services.

(3.) For the aforesaid reasons, we grant this much relief to the appellants holding that they are entitled to compete and for being considered for selection along with other applicants. It pains us to record that when the Inspecting Judge had noticed shortage of staff and to facilitate Court functioning had permitted ad hoc appointments, yet no effort till date has been made to fill in these posts. In these circumstances, we direct that the applications of 1988 be processed and selection process be completed on that basis for the vacancies then existing and some of the future also, as permissible under the Rules applicable, within three months from today. No costs.