JAG NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction upon the respondents to rectify the defect in the result published by the Bihar Public Service Commission, wherein the petitioner's name has been shown against 'Backward Caste' category candidate though, he belongs to the 'General' category. A further prayer has been made seeking a direction upon the respondents to allow the petitioner to work and pay full salary in terms of direction issued by the Hon'ble Supreme Court in Civil Appeal No. 7357 of 1996.

(2.) The petitioner was appointed as Paid Manager on 20.09.1976 on consolidated pay of Rs. 200/- per month. The petitioner was appointed on the post of Cooperative Manager vide order dated 27.03.1982. On 06.09.1986, the Government of Bihar took a decision to absorb the Paid Managers in the equivalent posts in other government departments. Thereafter, 113 Paid Managers were appointed in the year, 1987 on different posts in the P.H.E. Department under the Government of Bihar. Subsequently, those 113 Paid Managers were retrenched however, they were reappointed after the decision by the Hon'ble Patna High Court, against which a Special Leave Petition was filed which was dismissed on 25.10.1994.

(3.) A writ petition being CWJC No. 2312 of 1991 was filed by Bihar Rajya Sahkarita Prabandhak Seva Sangh before the Hon'ble Patna High Court seeking a direction for absorption of Paid Managers on equivalent posts in other government departments in terms of government's decision dated 06.09.1986. By order dated 01.12.1994, a direction was issued by the Hon'ble Patna High Court to the Government of Bihar to absorb/appoint the Paid Managers on vacant sanctioned post in Class-III. Special Leave Petition was filed before the Hon'ble Supreme Court and during the pendency of the Civil Appeal No. 7357 of 1996, the Bihar Public Service Commission advertised 4014 posts. The Hon'ble Supreme Court directed the State of Bihar to consider appointing the Paid Managers against the advertised vacancy. By order dated 20.08.1998, the Civil Appeal No. 7357 of 1996 was disposed of with certain directions. Pursuant to the direction passed by the Hon'ble Supreme Court, an advertisement was again issued on 09.04.2000 by Bihar Public Service Commission for holding limited competitive examination for filling up 1750 Class-III posts. Pursuant to Advertisement No. 01/2000, the petitioner filled up application under 'General' category candidate. The petitioner mentioned reservation category "01" indicating that he belongs to 'General' category. The petitioner was declared successful in the first phase of examination and accordingly, the petitioner was offered appointment on Class-III post in Chatra district. The petitioner gave his joining on 14.02.2001 however, when he knew that his name has been shown under the 'Backward Caste' category, he immediately represented to the Deputy Commissioner, Chatra that he belongs to 'General' Category. The petitioner continued to work however, he was not paid salary. In the meantime, second and third phase of examinations were held in which, the petitioner could not appear as the respondents did not intimate any decision with respect to the representation made by the petitioner for correcting the mistake whereby, he was shown belonging to the 'Backward Caste' category. In the aforesaid facts, the petitioner has approached this Court.