PRAMOD NARAIN TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ELEVEN petitioners have joined this writ petition with the prayer to quash Force Order No. 430 of 2000, dated 12.5.2000 (Annexure 17), whereby their services as Havildar Clerks have been dispensed with. Petitioner No. 5 (Shivendra Kumar Singh), and petitioner no. 9 (Madan Prasad), have died during the pendency of the writ proceedings and their death certificates are marked Annexures 22 & 22A. As prayed for by learned counsel for the petitioners, the writ petition is now confined to the remaining nine petitioners only.

(2.) THIS writ petition has had a chequered history. The facts essential for the disposal of the writ petition may be stated briefly. The petitioners were working as Home Guards. The respondent authorities published an advertisement, which had appeared in the daily newspaper "Aaj" on 30.9.1981, inviting applications for appointment as Havildar Clerk. All of them applied, claim to have been selected, and had received communications from the authorities to report for duty. While they were waiting for specific orders of posting, their selection was stayed and was ultimately countermanded by an order dated 20.7.1982. Being aggrieved by this situation, they preferred writ petition bearing Dinesh Sharma & Ors. V/s. The State of Bihar & Ors., CWJC No. 480 of 1982 which was dismissed by judgment dated 10.7.1985. They preferred Pramod Narayan Tiwary & Ors. V/s. The State of Bihar & Ors., Civil Appeal No. 212 of 1986 in Special Leave Petition (Civil) No. 10366. of 1985 which was disposed of by the following order dated 13.1.1986: -

(3.) AFTER dictation of this judgment was complete in open Court, learned counsel for the petitioners has made submissions which in his own words are as follows: -