Patna High Court CWJC No.4110 of 2009 (4) dt.19-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4110 of 2009 ====================================================== Raj Kumar Rai .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Indeshwari Pd.Mandal For the Respondent/s : Mr. (Sc17) Mr. A.K.Keshari ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 4 19-08-2011 Heard counsel for the petitioner and the counsel appearing for Tilka Manjhi Bhagalpur University, Bhagalpur as well as the State. This application has been filed by the petitioner for a direction to the respondent authorities of Tilka Manjhi University, Bhagalpur to consider his case for appointment on the post of Machine man by way of promotion in the light of the decision dated 20.11.2007 taken by press Committee of the University and to quash selection pursuant to Advertisement No. 193 of 2008. Petitioner’s father was working as Machine Man who died in harness. Petitioner applied for his compassionate appointment and vide letter No. 1344 dated 12.11.1990 he was appointed on daily wages as Machine Man. His Patna High Court CWJC No.4110 of 2009 (4) dt.19-08-2011 appointment on regular basis was made vide memo no. 26476-80 dated 19.11.1991 against sanctioned post of Helper. Petitioner’s case is that despite his appointment as Helper, the University Administration continued to take work of Machine Man from him and he also operated Polygraph Machine No.2 of University press. Press Council of the University in its meeting dated 20.11.2007 took a decision that employees working in press department may be given promotion on the basis of their work experience and their eligibility. Advertisement No. 193 of 2008 was published, inviting applications of appointment of Machine Men. Petitioner was also applied for this post but person less experienced than him were appointed on the post. The resolution of the Press Council regarding promotion to the employees working in the press department on the basis of their work experience and their eligibility has completely been ignored. In the Counter affidavit filed on behalf of the University it is stated that the petitioner was appointed on the post of Helper as a IVth grade employees in the University Press, on compassionate ground vide office order no. 100/91 dated 19.11.1991 and he is continuing on the post. In response to Advertisement No. 193 of 2008 petitioner had also applied for the post but he was not Patna High Court CWJC No.4110 of 2009 (4) dt.19-08-2011 selected by the Selection Committee. Now there is no existing vacancy, against the sanctioned post of Machine Man against which petitioner’s case can be considered for appointment on the post of Machine Man. This application is being disposed off, directing the respondents to consider petitioner’s case as and when in future there occurs any vacancy, giving him weightage of his experience. Arun Kumar/- (Mridula Mishra, J)