STATE OF BIHAR Vs. ANJANI KUMAR SINHA

JUDGEMENT

(1.) WE have heard learned counsel for the parties. The respondents along with certain others came to this Court earlier for regularization of their services and payment of arrears in C.W.J.C. No. 3163 of 1991, disposed on 1.5.1991, the extract of which has been quoted at paragraph-2 of the order impugned. WE consider it appropriate to also quote the same. To put it shortly, by this letter it has been assured that none of the persons involved shall loose their employment. On the other hand, they shall be absorbed in the appropriate department of the Government and other service conditions shall be maintained and their salary would be paid properly. On the basis of this assurance given, learned Advocate for the petitioner asks for leave to withdraw this application. Such leave is given and this application is allowed to be withdrawn In the contempt application that followed this Court observed, as quoted therein as follows:-

(2.) IN view of the two orders of this Court and partial implementation of the same with respect to similarly circumstanced persons, the respondent authorities have no discretion left in the matter but to regularize the services of the present petitioners and to pay them arrears of salary. There is no factual foundation much less any pleading in the memo. of appeal with regard to the aforesaid findings of the Court. We are not satisfied that the appeal raises any ground to merit consideration. We are fortified in our conclusion noticed in the judgment under appeal that the appellants were not denying their duty to act in terms of the earlier orders of this Court, but were only contending that they shall do so only after a representation is filed by the respondents, we consider the said ground wholly frivolous. The appeal is dismissed.