JAI PRAKASH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) RESPONDENT No. 5 of the writ application is the appellant and is aggrieved by order dated 20.2.2001, passed in CWJC No. 361 of 2001, by a learned Single Judge of this Court by which he has allowed the said writ application filed by writ petitioner Bachan Kumar Singh respondent no. 4 herein, and quashed the order by which the appellant and Dhirendra Narayan Jha, respondent no. 4 in the writ application, were appointed by absorption on Class II post in the Bihar State Food & Civil Supply Corporation (hereinafter referred to as the Corporation).

(2.) THE facts, which are not in dispute, are that the State Government came out with a policy decision in the year 1981 by resolution dated 10.4.1981 (Annexure -R 5/1 to the counter affidavit of the writ application), according to which Class I and Class II posts in the State Public Undertakings are to be filled up by appointment by only persons possessing degree in Master of Business Management (hereinafter referred to as the MBA). Accordingly, advertisement was issued in the daily newspapers for selecting MBA degree holder to create a management pool through Bureau of Public Enterprises (hereinafter referred to as the Bureau) to fill the said post in the Public Undertakings in the State of Bihar. The appellant applied in pursuance of the said advertisement and he became successful. A panel of 131 persons was prepared and the same was published in the newspaper for appointment to the said post. The name of appellant was also in the said list. Out of the said list, persons at serial nos. 1 to 107 were appointed on class II post in different undertakings and due to non -availability of vacancies, the appellant and others were not appointed. However, the respondent authorities offered class III post (Assistant Godown Manager) which was vacant in the Corporation and the appellant and others joined as such. Later on, when Class II posts in the public Undertaking became vacant and the appellant and 8 others who were not appointed from the panel of 131, they filed a writ application before this Court being CWJC No. 1819 of 1986 for a direction to the concerned authorities to consider their cases for appointment to Class II posts in different State Government Undertakings which was placed before a Division Bench of this Court. It was asserted on behalf of the appellant and 8 other persons that they joined the Class III post on the promise made by the respondent authorities that in case class II posts became vacant in the Public Undertaking in the State of Bihar, they would be appointed/absorbed on the said post. This Court having taken note of the aforesaid assertion on behalf of the appellant and others, by order dated 26.6.1996 directed the learned counsel appearing for the Corporation to find out as to how many Class II posts are available in the Corporation and State Public Undertakings and further observed that "we hope that in view of the promise given by the State Government while preparing the panel, the petitioners of that case would be enrolled in Class -ll posts. Counter affidavits were filed in the said case on behalf of Bureau that 74 class II posts were vacant in the Public Undertakings in the State of Bihar, but no appointment was being made on the ground that the matter was pending before this Court. This Court by order dated 11.7.1996 directed that the pendency of that writ application will not be impediment on the State Government.