LAWS(PAT)-2008-2-60

MANJU KUMARI Vs. STATE OF BIHAR

Decided On February 06, 2008
MANJU KUMARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS writ application was heard with C.W.J.C.No. 6263 of 2007 and analogous cases, but is being decided by a separate order as case of present petitioner is different from case of petitioners in C.W.J.C.No. 6263 of 2007 and analogous cases.

(2.) THE Bihar Subordinate Service Selection Board was constituted on the basis of resolution of the State Government dated 20.4.1981 and authorized for appointment of Class III posts. The Bihar Subordinate Service Selection Board on 7.7.1981 informed all departmental head for sending existing vacancies in Class III posts in their departments. Advertisement No. 6 of 1981 was published by the Board inviting applications for appointments against 16 types of posts on the basis of graduate level examination. Similar advertisement were published in the year 1984 and 1986. All the petitioners submitted their applications for appointments in response to advertisement through which 16 types of different posts were advertised considering the requirements of the different department. This advertisement did not include any posts for D.R.D.A. under Rural Development Department. Petitioners appeared in the first and second graduate level competitive examination respectively and their names were recommended by the board for appointment without specifying the vacancies in any particular department. The recommendees were appointed on 16 types of posts in different departments. So far the petitioners are concerned they were recommended for the Rural Development Department and the Rural Development Department in their turn posted them on the post of statistical investigators and the Extension Officers in different districts under the District Rural Development Agency.

(3.) PETITIONERS case is that they had never applied against any vacancy in D.R.D.A. They were selected by Bihar Subordinate Selection Board and recommended against requisition made by different department against existing vacancies. Their appointment was in response to the advertisement by the State Government department. It was just a chance that on that very time World Bank pumped d huge fund for execution of development work in Rural areas. Considering those vacancies the services of the petitioners were placed to the Rural Development Department and the Rural Development Department on the direction of the government posted the petitioner by way of deputation against posts of investigator Extension Officers and other posts under D.R.D.A.