LAWS(PAT)-2017-5-162

MADHUSUDHAN SHARMA Vs. STATE OF BIHAR

Decided On May 11, 2017
Madhusudhan Sharma Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The whole thrust of the argument either in the writ application or the LPA was to get an opening and consideration for appointment as a Pump-Operator under the respondents PHED Department. When the writ application was taken up, it seems the Learned Single Judge was informed that there is no modality as such in place and there is a vacuum. Therefore, a direction was issued upon the Principal Secretary to formulate a Rule, notify the same and then consider the claims or carry out appointments in terms of the Rules. Writ application was disposed off on 11.09.2014, observing as under:

(3.) Once the writ application was disposed off, it seems the appellants got wiser because they realized that they may not get an opening within the framework of the Rules now, looking at their status as a unskilled Khalasi. Therefore, now, in the appeal against the order of the Learned Single Judge, the thrust of the argument of the learned counsel for the appellants is that in fact their case should be considered for regularization on the basis of what is known as Bihar Group-D (Recruitment and Service Conditions) Rules, 2010, amended, as of now.