BIRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE writ petitioner, by this application, prays for issuance of a writ of mandamus commanding upon the respondents to absorb/regularise his services on an existing post of Class III in view of the judgments/orders passed by this Court in C.W.J.C. No. 6378 of 1993 and C.W.J.C. No. 12842 of 1996, as contained in annexures 1 and 5, respectively.

(3.) LEARNED counsel for the petitioner submitted that sanctioned vacant posts of clerks, accountant and head clerk are lying vacant under the concerned authority, but for the reasons best known to them, the case of the petitioner is not being considered for his regularisation. In this connection, learned counsel refers to annexure 8 to the supplementary affidavit, whereby and whereunder the District Magistrate -cum -Chairman of DRDA sent a letter to the Divisional Commissioner, Magadh Division, for roster clearance vide his letter dated 9.9.2000 showing five vacant posts and after certain queries made from the end of the Divisional Commissioner aforesaid a communication was made to the Chairman of the DRDA vide letter dated 13.2.2001, whereby and whereunder roster clearance was given for three unreserved posts and two reserved posts, but the same till date has not been acted upon and in case, the vacancies could have been filled up even according to roster clearance, the petitioner could have got one berth in unreserved category. Learned counsel further submitted that the managing committee of the DRDA from time to time discussed the matter about filling up the vacant posts, but nothing was done by the concerned authority. The managing committee thereafter vide its resolution, as contained in annexure 14 dated 17.3.2003, again resolved to absorb six persons including the petitioner. However, the petitioner and others were not considered for absorption. Learned counsel, in this view of the matter, submitted that the authority concerned could have considered the case of the petitioner and similarly situated persons for their regularisation owing to the number of vacancies, as referred to above, in light of the earlier directions, issued by this Court.