SURESH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since common questions of law and fact are involved in all these writ petitions, the same are disposed of by this common order.

(2.) In these writ applications, the petitioners have prayed for a direction upon the concerned respondents to forthwith consider the appointment of the petitioners on class III & IV posts in the Mechanical Wing of Road Construction Department (RCD for short) in terms of the order passed by this Court in C.W.J.C. No. 2338 of 1998(R). A further direction has been sought for by the petitioners to direct the respondents to publish all the vacant posts of Class III and IV in the Road Construction Department as inspite of repeated orders of this Court, the vacant posts are not being filled-up.

(3.) The petitioners were in service since 1994 to 1996 and since the services of the petitioners were not regularized several employees/ petitioners, total 110 in numbers belonging to the RCD, Mechanical Wing had moved this Court in C.W.J.C. No. 2338 of 1998(R) which was finally disposed of on 27/11/1999 directing the respondent erstwhile State of Bihar to take necessary steps for filling up the posts lying vacant in the RCD. The order dtd. 27/11/1999 was subsequently modified on 16/12/1999 to the extent that while filling up the vacant posts it shall also consider the case of the petitioners by giving relaxation in the age for the reason that they have served the Department for a long time. Inspite of the specific direction of this Court, the petitioners were not accommodated either in Class IV or in the Class III posts and resultantly the petitioners have preferred this writ petition. Heard Mr. Rajiv Ranjan, learned senior counsel appearing for the petitioners and learned J.C. to G.P. I for the State.