LAWS(PAT)-2011-8-81

SANTOSH KUMAR PATHAK Vs. STATE OF BIHAR

Decided On August 26, 2011
Santosh Kumar Pathak Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard counsel for the parties. The prayer of the two petitioners in this writ application reads as follows:--

(2.) Mr. Jawahar Prasad Karn, learned Senior Counsel appearing on behalf of the State, on the other hand, has submitted that in the case of the petitioners as they were to be absorbed in Government service on Gazetted posts the concurrence of the Bihar Public Service Commission was sought to be obtained but the Bihar Public Service Commission in its recommendation while agreeing in principle that the petitioners alike other teachers of the College could be regularized in service had given discretion to the Government to be satisfied as with regard to initial appointment of the petitioners and one Dr. Shambhu Kant Jha figuring at SI. Nos. 12, 13 and 14 of the list sent by the Commission, Mr. Karn submits that it is this process of the Government being satisfied which is under consideration and now the Government in this regard has decided to first issue a show cause notice to the petitioners to justify their initial appointment.

(3.) In the considered opinion of this Court the aforesaid because service of the petitioners have already been absorbed in terms of Section 6(3) of the Act which reads as follows:--