BHAGIRATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to appoint the petitioner to a class IV post.

(2.) Shorn of all unnecessary detail facts giving rise to the present application are that several daily wages employees of the Gandak Command Area and Development Agency, Muzaffarpur, hereinafter referred to as the Agency, filed writ application before this Court, inter alia, praying for regularisation of their services. A Division Bench of this Court by order dated 20th of December 1996, passed in CWJC No. 2672 of 1990 (Mohan Thakur and Ors. v. State of Bihar and Ors.) and analogous cases allowed the writ application and directed the respondents to consider the case of daily wages employees for regularisation against sanctioned and vacant posts. The order of this Court reads as follows : In that view of the matter, respondent No. 3 is directed to consider the case of the petitioners for regularisation of services against sanctioned and vacant posts in accordance with law within a period of four months from the date of receipt/communication of a copy of this order. Respondent No. 3 is, therefore, to pass a speaking order on the question. Till such consideration is made, interim order dated 24.5.1996 will continue.

(3.) In the light of the aforesaid order, the Agency prepared a list of daily wages employees in order of seniority for the purpose of regularisation, in which the name of the petitioner finds place at serial No. 11 and has been shown to be belonging to backward class-Annexure-2. The total number of vacancy of Class IV employees was found to be 13 and accordingly roster was prepared for filling up 13 vacancies. Roster Point No. 8 provided appointment of a person belonging to backward class. The Establishment Committee of the Agency held its meeting on 28.7.1997 and resolved to regularise the services of all the employees whose names find place in the seniority list above the petitioner, including one Mohan Prasad Yadav against roster point No. 8, which was reserved for the member of the backward class. It seems that said Mohan Prasad Yadav had informed about his appointment in another organisation even before he was offered appointment by the Agency. Taking into account the aforesaid fact the Establishment Committee of the Agency resolved to issue letter regularising the service of said Mohan Prasad Yadav and simultaneously resolved that in case he fails to join within a month, his candidature shall be cancelled and service of persons belonging to backward class below him, shall be regularised. It is relevant here to state that the said Mohan Prasad Yadav and petitioner Bhagirath Rai belong to backward class-Annexure 2, petitioner is the next candidate below Mohan Prasad Yadav in the said category, and all the candidates above the petitioner in the list prepared for regularisation have been appointed as Class IV employees. Mohan Prasad Yadav was offered appointment but he did not join. It is the grievance of the petitioner that the resolution of the Establishment Committee of the Agency itself obliged it to offer appointment to the petitioner but the claim of the petitioner has not been considered.