BRAJENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these writ applications have been filed for common relief based on common facts, therefore, they have been heard together and are being disposed of by this order.

(2.) HEARD counsel for the parties.

(3.) IN both these writ applications, the petitioners have prayed for absorption/regu - larisation on the vacant/sanctioned post in terms of panel prepared in the year 1999 - 2000 with relaxation of their age and education qualification as they are working on daily wages as candidate peons in the District of Katihar since more than ten years. Learned counsel appearing on behalf of the petitioners submitted that the petitioners since were working on daily wages for the last several years, a panel was prepared of the eligible candidates for filling up the sanctioned vacant posts of Class IV employees in the District of Katihar and the names of the petitioners figure in the panel, as contained in annexure 3, prepared in the year 1999 -2000 and the petitioners belong to all the categories (general, scheduled tribe, B. C. and V. B. C). It is further submitted by learned counsel appearing on behalf of the petitioners that pursuant to the advertisement, issued by the Collector, Katihar, as contained in annexure 2, inviting applications from the eligible candidates including the petitioners for filling up Class IV posts, the petitioners and others applied for their appointment as such, and, accordingly, District Establishment Committee, headed by the Collector, Katihar, prepared final panel of the year 1999 -2000, where the petitioners have also been empanelled and in this regard, a communication was sent to the Department of Personnel and Administrative Reforms, Government of Bihar, Patna. Pursuant to preparation of the panel, the District Administration thereafter received approval of the Divisional Commisioner for filling up 121 Class IV sanctioned vacant posts and roster clearance was also obtained. However, the petitioners are not being appointed from the panel aforesaid. Learned counsel further submitted that in the advertisement, as contained in annexure 2, the minimum qualification of the applicants was fixed as 8 Class passed and not above Praveshika and the same should be relaxed, as the petitioners are working for more than 10 -12 years under the respondents on daily wages.