KASHI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants. The appellants were party in Special Leave Petition (Civil) No. 2489 of 1994 as petitioner no. 5 and 7. The appellants' said S.L.P was allowed by the Hon'ble Supreme Court vide judgment dated 20th November, 1997. The operative part of the judgment passed by the Hon'ble Supreme Court is as under:

(2.) It is clear from the above order that Hon'ble Supreme Court held that appellants were not appointed by following due procedure and therefore, they cannot claim for regularization as a matter of course. However, considering the fact that appellants of that case satisfactorily served the department even without getting any salary for a long time and they were not guilty of any fraud and also did not lack in requisite qualification and they have been appointed against the sanctioned posts, therefore, above order was passed that too directing the respondents that 50 per cent of the sanctioned posts which has been held by the appellants should be filled from amongst the appellants on basis of their inter se merit position by taking into account their academic qualifications by waiving question of age bar if any. The remaining 50 per cent of the said sanctioned posts, will be filled up on regular basis by throwing it open to the members of the public and following the procedure prescribed for such appointment in the State of Bihar. The remaining appellants, obviously who could not have been absorbed against above referred 50 per cent posts were allowed to compete with other for appointment on 50 per cent posts.

(3.) Petitioner, if was entitled to get benefit of said judgment in the year 1997, after delay of 13 years, in the year 2010 cannot claim that he was entitled to absorption against 50 per cent of the sanctioned post of the year 1997 and he be given job and be regularized.