RAMESH KR PATEL Vs. STATE

JUDGEMENT

(1.) Since similar questions are involved in both the writ applications, they are being heard together and disposed of by a common order.

(2.) Petitioners in CWJC No. 7388/1999 have filed this writ application to a direction to the respondent authorities to permit them to join their duties as driver in the Saharsa Collectorate pursuant to their appointment contained in order bearing memo No. 126-2 dated 20.2.1999 issued under the order of Collector, Saharsa, Annexure-3. They contend that other daily wagers who served the Collectorate either at Saharsa or at some other place as driver had approached Ranchi Bench of this Court in CWJC No. 3865/1995 (R) for a direction to the respondent authorities to consider their case for regularisation. This Court disposed of the said writ application with a direction to the State Government to take steps for filling up the post of drivers within a period of six months. In compliance of the order of this Court in the said writ case. State Government issued instructions contained in letter No. 7003 dated 31.7.1997, Annexure-1, wherein they instructed every District Magistrate/deputy commissioner to take steps for appointment of the drivers within their collectorate within a period of six months in the light of resolution of the State Government bearing memo No. 5939 dated 18.6.1993. Further case of the petitioner is that pursuant to the aforesaid instructions dated 31.7.1997; Annexure-1, Collector, Saharsa issued advertisement No. 33/1997, Annexure-2, which was published in the Aryavarta, Patna Edition dated 14.12.1997. Pursuant to the aforesaid advertisement No. 33/1997 petitioners applied for regular appointment on the post of driver and also appeared before the selection committee which having found them fit for appointment as driver in the Collectorate made necessary recommendations and in the light of the recommendation of the selection committee order bearing memo No. 126-2 dated 20.2.1999, Annexure-3, was issued under the signature of the deputy Collector with approval of the Collector. After issue of the appointment order dated 20.2.1999, Annexure-3, petitioners appeared before the Civil Surgeon-cum-chief Medical Officer, Saharsa for their medical fitness and physical verification and on their being found medically fit necessary certificate dated 22.2.1999, Annexure-4 series was issued.

(3.) Having obtained the necessary medical fitness certain petitioners submitted their joining on 26.2.1999, as would appear from the absentee issued by the Block Development Officer and other officers under whom they served, as would appear from the documents contained in Annexure-5 series. Later under the order of the Commissioner, Saharsa Division, their joining was rot approved which was communicated under memo No. 255-2 dated 2.7.1999, Annexure-6. When the petitioners received the aforesaid instructions of the Commissioner, Saharsa Division, not approving their joining they approached this Court in CWJC No. 7388/1999 4.8.1999 praying, inter alia, to direct the respondent authorities to honour their own order appointing the petitioners as drivers pursuant to an advertisement and completion of selection process.