RAJEEV KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) This application had been filed for issuance of a writ in the nature of mandamus commanding the respondents to include the names of the petitioners in the panel prepared for appointment as Class IV employees in the Mufassil Offices in the district of Banka.

(2.) Shorn of unnecessary details, facts giving rise to the present application are that an advertisement was published inviting applications for filling up the existing and anticipated vacancies of Class IV posts in the Mufassil Offices of Banka District. According to the advertisement, such employee having experience of 240 days prior to 1.8.1985, was to be given preference in the appointment. In pursuance of the aforesaid advertisement, petitioners offered their candidatures claiming that they had worked for more than 240 days. It is not their claim that they had worked for 240 days prior to 1.8.1985 but their claim is that they had worked for more than 240 days after 1.8.1985 and as such entitled to be given preference in the appointment. In support of the aforesaid assertion, petitioners have placed on record the certificates purported to have been granted by the Civil Surgeon-cum-Chief Medical Officer which although certifies that the petitioners had worked for more than 240 days but the certificates annexed further show that the petitioners have been paid wages ranging from three days to ten days excepting petitioner No. 18 who has got the wages for 120 days. Petitioners also assert that although they had worked for more than 240 days, they were not paid the wages for all the days because, of insufficiency of fund.

(3.) It is relevant here to state that by letter dated 6.1.1999 (Annexure-4) the Civil Surgeon wrote to the District Magistrate that persons mentioned in the list have worked for more than 240 days and paid the wages fixed by the State Government from time to time. Petitioners names find place in that.