BABOOL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the memo no. 648 dated 07.02.2019 issued by the Deputy Inspector General-cum- Deputy Commandant, Fire Services, whereby and whereunder the application of the petitioner for joining has been rejected as also for directing the respondents to accept the joining of the petitioner on the post of Fireman since he has been duly selected and an appointment letter has also been issued pursuant to advertisement no. 02 / 2012.

(2.) The brief facts of the case are that an advertisement bearing advertisement no. 02 /2012 was issued inviting applications for appointment on the post of Fireman in the State of Bihar wherein the total number of vacancies were shown to be 953. The petitioner had filled up his application for being appointed on the post of Fireman under the OBC category, whereafter, the petitioner was issued admit card and he had appeared in the written examination on 15.12.2013 along with other candidates, whereupon the result was published on 15.04.2014, declaring 4765 candidates to be successful and the petitioner was also declared successful in the said written examination. The petitioner had then appeared in the screening test followed by physical efficiency test, which was held in between 23.05.2014 to 29.05.2014 at the Patna High School, Gardanibagh, Patna, pursuant whereof, 1113 candidates including the petitioner herein were declared to be successful. Finally, the final result was published and 951 candidates including the petitioner herein were declared to have been selected. The petitioner was, thereafter called upon to appear on 24.09.2014 at the State Fire Office, Lodipur, Patna, vide letter dated 06.09.2014, whereupon the petitioner had appeared at the State Fire Office, Lodipur, Patna, with the relevant documents on 24.09.2014 and then the petitioner was asked to appear for the medical fitness test on 29.04.2015. The petitioner had passed the medical test successfully, whereafter the appointment letter dated 16.07.2015 was issued in favor of the petitioner by the State Fire Officer-cum-Director, Bihar, Patna, wherein it was stipulated that joining should be submitted by 17.07.2015 at the Fire Training Institute, Anandpur, Bihta (Patna).

(3.) The learned counsel for the petitioner has submitted that on account of ill health of the petitioner, the petitioner could not submit his joining by 17.07.2015 and he remained ill till end of the year, 2018 and when he had approached the State Fire Officer, Patna, on 02.11.2018 for accepting his joining, his application was rejected vide memo no. 648 dated 07.02.2019 issued by the State Fire Officer, Patna on the ground that he had submitted his joining after a great delay of about 3 years 3 months and 15 days, hence, his joining could not be accepted, especially in view of Clause 3(15) of the resolution dated 16.07.2007, issued by the Personnel and Administrative Reforms Department, Government of Bihar, Patna, containing guidelines on the subject matter in question.