LAKHAN LAL PRASAD, SON OF DAROGA LAL, RESIDENT OF VILLAGE + P.O. KONAND, P.S. Vs. THE STATE OF BIHAR THROUGH THE SECRETARY

JUDGEMENT

(1.) The order dated 22nd Jan., 2014 passed by the learned Single Judge in CWJC No. 10344 of 2013 is the subject matter of challenge in the present Letters Patent Appeal.

(2.) The petitioners invoked the writ jurisdiction of this Court challenging the Advertisement dated 21.01.2013 inviting applications for preparing a panel of 100 persons to be employed for heavy load of work on account of examination and selection process conducted by the Bihar Public Service Commission (hereinafter referred to as the Commission). As per the appellants, they were engaged on casual basis and have worked for 10 years but their services stand terminated in the year 2005. The appellants relied on certain orders passed in earlier cases to support their claim to challenge the advertisement. The petitioners filed CWJC No. 6139 of 2011 which was decided on 26th Aug., 2011 with a direction to the Commission to consider the case of the petitioners along with others on the vacant/sanctioned posts of Data Entry Operator or any other Class-III post, if the respondents are in need to appoint personnel and initiate process thereof. On the basis of the said order, the appellant filed MJC No. 108 of 2012 alleging violation of the said order. This Court dismissed the contempt petition observing as under:-

(3.) It is thereafter, some of the similarly situated persons invoked the writ jurisdiction of this Court by filing CWJC No. 3336 of 2013 for directing the Commission to issue an advertisement to prepare a panel to carry out the heavy work load on account of examination. The learned Single Bench dismissed the writ petition on 04.03.2013 in view of the judgment of the Honourable Supreme Court in the case of Secretary, State of Karnataka & Ors. Vs. Uma Devi & Ors. [(2006) 4 SCC 1] after observing that the writ applicants have not been engaged after the year 2006. In LPA No. 806 of 2009 arising out of CWJC No. 15726 of 2004, this Court passed the following orders in respect of other similarly situated persons:-