ASHOK KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the out set it needs to be recorded that in this case the Court had brought this matter to the notice of the Additional Advocate General, II, Mr. Swaraj Kumar Ghose, Senior Advocate because the circumstances which emerged from this case were necessary that the issue be made aware to the learned AAG II.

(2.) Five writ petitioners namely Messrs Ashok Kumar Sigha, Vinod Kumar, Ajay Shanker Sahay, Bejayendra Prasad Yadav and Dhirendra Kumar Singh filed the present petition with a grievance that having been recruited in 1981, 1982 and 1983 as Junior Engineers though on daily wages, but they were being denied regularisation and consequential officiating promotion on the post of Assistant Engineers and subsequently confirmation on the position of Assistant Engineers.

(3.) There is no issue on record that at the time when the petitioners were recruited and 12 others with them, 19 posts of Junior Engineers were vacant. This is accepted between the petitioners, the Housing Board and the State Government and even the Bihar Public Service Commission. There is no issue on record that there was no excess recruitment. The posts were vacant, 17 persons had been recruited. Twelve persons left their jobs for better assignment. Of the five petitioners who remained, petitioner Nos. 2 and 5 are now with the State of Jharkhand but this does not affect the issue as under the Bihar State Reorganisation Act, 2000 the Letters Patent Appeal continues to be heard and concluded by the Patna High Court.