SATI RANJAN JAMAIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE case relates to appointment of Secretariat Assistants in pursuance of Advertisement no. 1/93. Prayer has been made to fill up all the existing vacancies upto 31 st December, 1993, in pursuance of the said advertisement, as ordered by the Supreme Court in the case of State of Bihar V/s. Secretariat Assistant Successful Examinees Union 1986 & ors., (1994)1 S.C.C.126 : 1994 (1) PLJR (SC) 41.

(2.) TO determine the question, it is necessary to take into consideration certain fact, as mentioned hereunder: An Advertisement no. 11/85 was issued for appointment to the post of Secretariat Assistants in the State Secretariat and its attached offices. The same was issued by the then Bihar State Subordinate Services Selection Board. The examination was held in 1987 but no appointment was made. The cadres of Secretariat Assistants of different departments were merged, in the meantime, with effect from 30.8.1988 in pursuance of Secretariat Assistant Joint Cadre Act, 1989 and first list of 357 successful candidates was published in July, 1990. A writ petition being C.W.J.C. no. 2912/91 was filed on behalf of Secretariat Assistant Successful Examinees Union 1986 and others to fill up all the vacancies existing upto the date of publication of result(July, 1990) out of Advertisement no.11/85. The writ petition aforesaid was allowed on 11.11.1991 with direction to fill up the vacancies upto July, 1990 out of Advertisement no.11/85 against which the State of Bihar moved in S.L.P. (Civil) no. 7423/92 before the Supreme Court. The said case was heard by the Supreme Court and by its judgment in the case of State of Bihar V/s. Secretariat Assistant Successful Examinees Union 1986 and others, (1994)1 S.C.C. 126 : 1994 (1) PLJR (SC) 41 modified the High Court 'sorder and passed the following direction: "....We, accordingly, set aside that portion of the judgment but uphold the judgment in all other respects including the filling up of the vacancies which existed till December 31, 1988. Further, with a view to do justice between the parties and balance the equities, we issue the following directions:

(3.) IN the supplementary affidavit filed by the said Personnel and Administrative Reforms Department, the following statement is made: