AWADHESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a very small, petty and sad case about 14 Jeep drivers who worked as daily wagers in the district of Nawada. They were not being made regular and an issue was being created that the authority which had engaged them on daily wages perhaps did not have the power or sanction to regularize their appointments. Some of these petitioners were appointed 24 years ago. The date of their appointment as a daily wagers is shown against them as below: '' No. Name Office ar Date of jpointment

(2.) VACANCIES were available in the district. This is not in issue between the petitioners and the district administration nor is this an issue before the High Court between counsel for the apellants -petition -ers and the State counsel.

(3.) WITH a controversy created, the writing on the wall was very clear that this record of the Jeep drivers would shuttle between Nawada and the Secretariat until somebody clarifies it whether they are class -Ill or class -IV. Petitioners filed a writ peti - tion and to defeat their claims the State -respondents filed a counter affidavit. The counter affidavit seems to rely on a government communication and asserted: That, the District Administration was taking necessary steps for appointment of jeep drivers on sanctioned post, but the state government in Personnel and Administrative Reforms Department has taken a decision that appointment of Class III grade employee be made on the basis of competitive examination conducted by Bihar Public Service Commission. This decision has been communicated to all the District Magistrate vide memo no. 11243. dated 6.12.1995. In face of the aforesaid decision of the state government the appointment of the jeep drivers can be made only after competitive examination is held by the Bihar Public Service Commission.