ISMAIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) Petitioners were engaged to serve as candidate peon with effect from 7.9.1988, 21.08.1988. This writ petition has been filed praying inter alia to quash the appointment made on Class-IV post in the Collectorate, Araria and attached offices pursuant to the proceeding of the Appointment Committee taken on 19.03.2007, Annexure-1 as the said proceeding was made in breach of circular of the State Government dated 3.12.1980, 26.5.1987, 25.4.1997. It is submitted in this regard that advertisement for appointment on Class-IV post in the Collectorate, Araria and attached offices was issued vide Advertisement No.02/Local/ 91, copy whereof is contained in Annexure-2 to this application. In response to the said. advertisement panel dated 8.3.1991, Annexure-3 was published, in which petitioners have been included at serial nos.58, 63, 65. Subsequently other panels were also prepared in the year 1992-93, Annexure-5 and on 23.1.1996, Annexure-9. It is submitted on behalf of the petitioners that seniority of the petitioners, as indicated in panel dated 8.3.1991, Annexure-3 is required to be maintained in the subsequent panel(s) in the light of the contents of the circular letter dated 26.5.1987, paragraphs-1 to 4.

(3.) Counsel for the State, on the other hand submitted that from perusal of the impugned proceeding dated 19.3.2007, Annexure-1, itself it will appear that the said proceeding was taken in the light of the direction of this Court dated 29.09.2004 passed in the two writ cases referred to in the proceeding dated 19.3.2007, in the circumstances, this Court should proceed that the impugned proceeding has been taken in the light of the relevant circular(s) of the Government, as there is presumption of correctness of the official act. Perusal of proceeding dated 19.3.2007, however does not indicate that while selecting candidate peons for regular appointment the seniority of the candidate peons as indicated in the earlier panel i.e. panel dated 8.3.1991 in the light of the instructions of the Government contained in circular letter dated 26.5.1987, paragraphs-1 to 4 has been maintained. In the circumstances, I deem it appropriate to direct the Collector, Araria to verify the contents of the proceeding dated 19.3.2007 in the light of the instructions of the Government contained in circular dated 26.5.1987 and if the recommendation in the proceeding dated 19.3.2007 for appointment on Class-IV post in the Collectorate at Araria and attached offices has been made in the light of the instructions contained in paragraphs-1 to 4 of circular letter dated 26.5.1987 then not to touch those appointment but in case those recommendations have been made contrary to the instructions of the Government contained in circular letter dated 26.5.1987 then to issue notice to the appointees and pass appropriate order in accordance with law. In the event, Collector after enquiry is satisfied that appointment on Class-IV post pursuant to proceeding dated 19.3.2007 was made in the light of the instruction of the Government contained in circular letter dated 26.5.1987 then also to consider the case of the petitioners for appointment on Class-IV post against the other available vacancies in the light of their position in the panel dated 8.3.1991 as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Collector, Araria.