STATE OF BIHAR Vs. RAM BALAK RAM

JUDGEMENT

(1.) The State of Bihar, being aggrieved by the order dated 2.8.2001 passed by learned Single Judge in C.W.J.C. No. 7354 of 2000 has preferred this appeal under Clause 10 of Letters Patent.

(2.) Short facts giving rise in this present appeal are that the State Government through the letter of the Chief Secretary dated 3rd December, 1980, took a policy decision governing appointment to Class-IV posts. It contemplates preparation of a joint panel in each district. Paragraph 6 of the said letter specifically provides that the panel so prepared shall be valid for a period of one year. A panel was so prepared in the year 1984-85 in which names of 310 persons figure. From the said panel 45 persons were appointed in two phases, i.e., 38 persons were appointed by letter dated 16.8.1985 and 7 by letter dated 1.8.1985. However, those appointments were cancelled in the light of the letter of the Finance Department dated 12th June, 1985. The matter of cancellation of appointment was examined by a committee of the State Legislature and on its recommendation all 45 candidates appointed earlier were again appointed by letter dated 3.3.1989.

(3.) A meeting of Establishment Committee was held on 20.10.1990 which decided to treat the panel of the year 1984-85 to be the panel for the year 1990-91. It is the writ petitioners claim that their names find place in the said panel prepared for the year 1984-85 and same having been treated as a panel for the year 1990-91, petitioners 1 to 4, 6, 7, 10 and 11 were appointed to Class-IV posts by letter dated 28th July, 1992 and petitioners No. 5 and 8 by letter dated 10.4.1991, whereas petitioner No. 9 by order dated 27.6.1991.