LAWS(PAT)-2008-12-96

NAWAL KISHORE SINGH Vs. STATE OF BIHAR

Decided On December 15, 2008
NAWAL KISHORE SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE petitioners have challenged the letter No. 605 issued on 21.3.1996 whereby the respondent No. 4 has refused to appoint the petitioners as drivers against duly sanctioned posts. The petitioners had moved this Court vide C.W.J.C. No. 4763 of 1995 which was disposed of on 20.11.1995.

(2.) THE facts are that an advertisement was published by the respondents inviting applications from the eligible candidates for the post of drivers. The petitioners duly faced the selection process and were also included in the panel of selected candidates. However, although 14 persons were appointed, the petitioners were not appointed and thus they filed the aforesaid writ application. This Court while disposing of the writ application has observed that "merely because the petitioners have been empanelled they have not acquired any right of appointment. But the petitioners have certainly acquired the legitimate expectation to the effect that in case of appointment such panel must be taken into account and the panel should not be reviewed on flimsy grounds". The Court further observed that the panel would remain valid for two years.

(3.) A show cause was filed on behalf of the Civil Surgeon -cum -Chief Medical Officer, Vaishali at Hajipur as well as on behalf of the Deputy Superintendent. Vaishali at Hajipur. In the said show cause it has been admitted that certain persons were appointed in the Indian Red Cross Society, Tuberculosis Society and the appointments were not made by the Deputy Superintendent.