DILIP KUMAR Vs. STATE

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to pay to the petitioners, salary since the date of their joining in February, 1990 to the post of Clerk and to transfer them to any Primary Health Centre as Clerks where the sanctioned and vacant posts exist and to regularise their payment of salary.

(2.) ACCORDING to the petitioners, in the year 1989 several Class III and IV posts of Health Educators, Clerks, Non, -Medical Assistants, Pharmacists, Dressers etc., fell vacant in the district of Madhubani and Civil Surgeon by letter dated 6.9.1989 (Annexure -1) wrote to the Director of Public Relation to advertise the Class III and IV posts in the newspaper. According to the said communication the number of vacant posts of Clerk was 30. As directed the advertisement was published in the daily newspaper "Times of India" in its issue dated 14th of September, 1989 (Annexure -2) besides other newspapers. The advertisement contemplated submission of the application by the candidates through the Employment Exchange. Petitioners offered their candidature for appointment as Clerks through the Employment Exchange. The District Employment Officer by his letter dated 18.11.1989 (Annexure -3) forwarded the names of the petitioners to the office of the Civil Surgeon for appointment as Clerk.

(3.) IT is the stand of the petitioners that since the date of their joining they are working on the post of the Clerks but they are not being paid their salary without any reason it is their assertion that they filed various representations but the same till date yielded no result. Their further assertions is that they filed application for transfer to any place where the sanctioned and vacant posts exist so that they are paid their salary but that prayer has also not been acceded too. Left with no option, according to the petitioners, they had preferred this application which was filed on 6th of September, 1999.