GOVIND TIWARI SON OF LATE RAM PRAVESH TIWARI RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA

JUDGEMENT

(1.) - Both the cases are inter-connected to each other and as such both cases with consent of parties have been heard together and are being disposed of by this common judgment.

(2.) Writ petitioners of C.W.J.C. No. 4239 of 2013 (Govind Tiwari & others Vs. State of Bihar and others) are opposing the prayer of writ petitioners of C.W.J.C. No.22702 of 2012 (Vijay Prasad and others Vs. The State of Bihar & other) on the ground that petitioners Vijay Prasad and others have wrongly been selected/appointed on Class IV posts by the Collector, Jehanabad which are meant for their regularisation. They are daily wages employees in the Irrigation Department working at Waterways Division, Udersthan, Jehanabad, in view of the judgment of the Honourable Supreme Court in the case of Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, reported (2006) 4 SCC 1 they should be regularised in their services and the efforts of Vijay Prasad and other for purported encroachment have been objected by Govind Tiwari and others.

(3.) For the disposal of this case whenever this Court would feel necessary, would mention the facts of either of writ petition at the appropriate facts. To understand the dispute involved in the present case necessary facts are, Govind Tiwari and others are working against Class IV posts in the Waterways Division, Uderstahan, Jehanabad since 1987. They were waiting for their regularisation on the strength of regularly discharging the duty for more than ten years in view of the judgment of Honourable Supreme Court in Uma Devi (supra) case. In the meantime, the Collector, Jehanabad issued an Advertisement vide Advertisement No.1 of 2010 dated 20.5.2010 notified vacancy for selection of 83 Class IV posts wherein it has been mentioned that the panel will remain valid for one year and whoever were enrolled in the employment exchange would be eligible to apply for the said post. The qualification has been mentioned as 8th class and have knowledge of cycling. The different eligibility age has been provided for different categories of candidate such as, 18- 35 years for general category of candidate, 18-37 for backward category of candidate, 18-38 extremely backward category candidate, 18-40 for SC/ST category of candidate and 18-38 for general female category of candidate.