BHUBANESHWAR PRASAD SINGH SON OF LATE YOGENDRA PRASAD SINGH Vs. THE STATE OF BIHAR THROUGH THE COMMISSIONER

JUDGEMENT

(1.) The pleadings being complete, with consent of parties, this writ petition has been heard at this stage itself for final disposal.

(2.) The petitioner was originally an employee of the Bihar State Co-operative Marketing Union Limited (hereinafter in short as 'BISCOMAUN'). The BISCOMAUN is duly registered under the Bihar Co-operative Societies Act, 1935.

(3.) It appears that in the early 1990 the BISCOMAUN went into severe financial crisis. The government took decision to adjust the employees of the BISCOMAUN, wherever possible, in various government departments and permanently absorbed them therein accordingly. Apart from the petitioner, several other persons, who were employees of BISCOMAUN, were deputed to the Transport Department of the Government of Bihar for their absorption therein in the year 1994. An effort was made to revert back the petitioner and some other persons to the BISCOMAUN. This was resisted and, ultimately, the matter came to this Court in C.W.J.C. No.9170 of 2006 and analogous cases, which were allowed by the judgment and order dated 22.08.2012. This Court, inter alia, held that the petitioner and others would be deemed to have been absorbed in the Transport Department. This Court also held that it was wrong to say that the petitioner was not eligible to be appointed as Motor Vehicle Inspector. The order purporting to be an order reverting him to BISCOMAUN was also set aside. This order was passed in the year 2012. This order of the Writ Court has attained finality.