JAGDISH MISTRY Vs. SATRAJIT MISHRA

JUDGEMENT

(1.) THE relevant facts of the case are that in the year 1982 the appellant and respondent nos. 1 and 2 appeared in the test conducted by the Bihar Public Service Commission for appointment on the post of Personal Assistant. A panel was prepared in the year, 1986 in which respondent no.1 was placed at serial no. 133 and respondent no.2 was placed at serial no. 134 whereas the appellant was placed at serial no. 138. The appointment was made upto serial no. 132. However, the appellant was appointed on the post vide communication dated 1st of March, 1990. Respondent nos.1 and 2 filed a writ petition bearing C.W.J.C. No. 1161 of 1993 for their appointment on the ground that appellant at serial no. 138 had been appointed. The said writ petition was dismissed and the appointment of the appellant was ordered to be cancelled on the ground that he was at serial no. 138 and the last appointee was at serial no.132. The appellant has challenged the part of the said order passed in the aforesaid writ petition whereby direction was given to cancel the appointment of the appellant.

(2.) LEARNED counsel for the appellant, however, submitted that since the appellant has been working for sufficiently long time, the order of cancellation/quashing the appointment of the appellant is bad in law but the learned counsel could not be able to explain as to how the appellant, who was at serial no. 138 was appointed when the last appointee was at serial no. 132. Thereafter, if any appointment was to be made the person who was at serial no. 133 or 134 should have been appointed but the person at serial no. 138 could not have been appointed. Learned counsel for the appellant further pointed out that the appellant was initially working as Assistant in the Government service and as such if appointment is cancelled he should be allowed to continue on the post which he was holding prior to joining on the post of Personal Assistant.

(3.) NO other point was raised.