RAVINDRA MOHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Certain persons had come to this Court in CWJC No. 10942 of 1998. The said writ application was allowed and the matter was taken in LPA No. 1283 of 1999 and simultaneously MJC No. 3864 of 2000 was also field in the said matter. A Division Bench of this Court disposed of LPA No. 1283 of 1999 and MJC No. 3864 of 2000 on 16th May, 2002. The direction issued by the learned Single Judge to the Commission to re-determine the merit list on the basis of the qualifying marks prescribed under the statutory rules were set aside. Thereafter nothing was done therefore, the petitioners came to this Court in CWJC No. 3222 of 2003. On 6.5.2003 the Bihar Public Service Commission declared the result in relation to twelve persons, therefore, on 19.5.2003, the present petitioner Ravindra Mohan withdrew his writ application CWJC No. 3222 of 2003. Even thereafter nothing has been done, therefore, the petitioner is again in this Court. His submission is that the present matter relates to examination in response to Advertisement No. 29/97 and the State is not taking any steps in issuing orders of appointment and at the same time the persons who are selected in 2000 examination are being posted. He submits that the petitioner is entitled to appointment and restoration of his seniority.

(2.) The respondents as usual have submitted that the matter is under active consideration and the orders would be passed very shortly. This stand of the State Government is nothing but an eye wash. Whenever the State wants to become inactive/non-active, they start coming out with the submission that things are under active consideration and the orders would be passed very shortly. The bad experience of the State's word is not a secret but is notoriously known to all. The State Government is not the Government for few. If it is an appropriate elected and Government of public then it must take action in time to satisfy the public that the people who elected the Government did not commit any wrong nor they committed any folly. The State Government is not run by any one man. It is a complete system. The Secretaries work under the control of the Ministers and the Ministers say that they are not allowed to work because of the non-healthy practice prevailing in Secretariat. No body knows that what would be the answer to it. The problems faced by the State Government and its Officers or Minister are not to be showered upon the public at large. When a man is entitled to an order from the State Government then the State is obliged to pass orders in favour of such person.

(3.) Let a copy of this order be sent to the Chief Secretary, who shall ensure that within a period of two months from the date of receipt of a copy of this order proper orders in the matter of the petitioner are passed. While issuing the orders in favour of the petitioner, the question of his seniority shall also be taken care of. The petition is disposed of.