LAWS(PAT)-2008-7-226

ABINASH KUMAR SINHA Vs. STATE OF BIHAR

Decided On July 08, 2008
Abinash Kumar Sinha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE petitioner complains that the order dated 15.2.2002 has not been obeyed by the respondents.

(2.) THE relevant part of the order dated 15.2.2002 reads thus: "Considering the nature of appoint - fnent, made on daily wage basis until further orders, I am not inclined to grant any relief or interfere in the matter except to observe that if the sanctioned post of Clerk in the Bihar State Pharmacy Council is available, the authority should take a decision regarding filling up the post and in the event of a positive decision, advertise the post and make regular appointment. At that stage, the case of the petitioner may also be considered subject to his satisfactory past service experience giving one time age relaxation to the extent of period of service rendered by him." A perusal of the afore -noticed directives would show that this Court did not grant any relief to the petitioner as his nature of appointment was found to be of daily wager. However, the Court made observation that if the sanctioned post of Clerk in the Bihar State Pharmacy Council was available, the authority should take a decision regarding filling up the post and, in the event of a positive decision, advertise the post and make regular appointment. It was also observed that at that stage, the case of the petitioner may also be considered subject to his satisfactory past service giving one time age relaxation to the extent of period of service rendered by him.

(3.) LEARNED counsel for the petitioner would urge that there had not been any advertisement for filling up the post of Clerk on regular basis.