UMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to fill up the post of Typist in Class III service in the State Technical Education Board on regular basis.

(2.) SHORN of unnecessary details, facts giving rise to the present writ application are that the petitioner earlier filed C.W.J.C. No. 12244 of 1992 (Umesh Kumar V/s. State of Bihar & Ors.), inter alia, praying for direction to the respondents for regularisation of his service on a Class III post and for payment of salary. By order dated 6th of December, 1995, said writ application was disposed of with the following direction : "In so far as the petitioners prayer for regularisation of services is concerned, the respondents are directed to initiate an appropriate proceeding for recruitment to the post against which the petitioner is working. If such recruitment proceeding is initiated the petitioner must be given an opportunity to appear in the same and there must be relaxation of his age if there is any age bar. Such procedure of recruitment must be initiated by the respondents concerned within a period of six months from today and it must be completed within a period of six weeks thereafter."

(3.) IT is the stand of the respondents that they wrote to the Bihar Public Service Commission for advertising the post but they declined to make any advertisement on the ground that making advertisement for recruitment to only four posts, shall involve huge resources which is not particable. Fact of the matter is that recruitment process till date has not been initiated, notwithstanding the order of this court dated 6th of December, 1995 wherein it was observed that the process for recruitment must be initiated within a period of six months.