IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10922 of 2006 1. DEEPAK KUMAR PATHAK , SON OF BINOD KUMAR PATHAK RESIDENT OF VILLAGE- SUGGI, P.S. HANTARGANJ DISTRICT- CHATRA. 2. ANIL KUMAR SINGH, SON OF NATHUNI SINGH RESIDENT OF VILLAGE- KRISHNAPUR, P.S. NOKHA, DISTRICT- ROHTAS. 3. MD. FIROJ, SON OF MD. KUDUS ANSARI, RESIDENT OF VILLAGE- JARGAKHAP, P.S. AURANGABAD MUFFASIL, DISTRICT- AURANGABAD. 4. BHARAT PRASAD, SON OF BAIKUNTH BIHARI SINGH, RESIDENT OF VILLAGE-CHATTORA, P.S. NOKHA, DISTRICT- ROHTAS. 5. ARUN KUMAR, SON OF GANESH LAL, RESIDENT OF VILLAGE- OBRA, P.S. OBRA, DISTRICT, AURANGABAD. 6. RAJESH PRASAD VERMA, SON OF SHIV BALAK PRASAD RESIDENT OF VILLAGE- BARA, P.S. HANTERGANJ, DISTRICT-CHATRA. …..PETITIONERS Versus 1. THE STATE OF BIHAR. 2. SECRETARY, PERSONNAL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE COMMISSIONER, MAGADH RANGE, GAYA. 4. THE DISTRICT ESTABLISHMENT COMMITTEE THROUGH ITS CHAIRMAN i.e. THE DISTRICT MAGISTRATE, AURANGABAD. 5. THE DISTRICT MAGISTRATE, AURANGABAD. …....RESPONDENTS. ----------- 2. 14.02.2011 Heard counsel for the petitioner and counsel appearing for the State. Prayer of the petitioners is for a direction to the respondents to adjust them in the office of the Collectorate, Aurangabad and its subsidiary offices against the existing vacancies of Class III non- technical posts, in compliance of the 2 directions issued by the Deputy Secretary to the Government contained in Memo No. 9975 dated 13.11.2004. Petitioners’ case is that in response to the advertisement No. 39 of 1998 they had applied and submitted their applications for appointment on Class III non- technical posts in different regional offices in which there were 65 vacancies for district of Aurangabad. Written examination has been conducted by the B.P.S.C., in which petitioners were declared successful in the year 2002. Petitioners’ names were recommended by B.P.S.C. on 16.1.2003 along with other candidates, which were total 62 successful candidates. A recommendation had been made to the District Magistrate, Aurangabad, for issuance of appointment letters in 3 favour of successful candidates for Class III non-technical posts. Since, no steps were being taken and appointment letter not being issued despite recommendation of the B.P.S.C., C.W.J.C. No.634 of 2004 was filed by some of the selected/recommended candidates. During the pendency of the writ application, District Magistrate, Aurangabad, in a haste without taking roster clearance, issued directions to the Civil Surgeon –cum- Chief Medical Officer to appoint 26 recommended candidates against vacant post of Clerks in the office of the Civil Surgeon-cum-Chief Medical Officer, Aurangabad. In compliance of the direction of the District Magistrate, the Civil Surgeon –cum- Chief Medical Officer, Aurangabad, issued appointment letters in favour 4 of 26 recommended candidates against vacant posts of clerk, in his office its subsidiary offices by Memo No. 369 dated 27.11.2004. The Civil Surgeon-cum-Chief Medical Officer Aurangabad issued intimation letters to all 26 candidates for appearing in his office along with their education qualification and of then on verification of educational certificates appointment letters were issued to 20 candidates by Memo. No. 2501 to 2520 dated 11.12.2004. Appointment letters had also been issued in favour of the petitioners. Petitioner’s grievance is that, they had been selected and recommended for appointment against Class III non-technical posts in the Collectorate cadre. Their selection had not been made against the vacancies in the office of the Civil 5 Surgeon-cum-Chief Medical Officer Aurangabad or its subsidiary offices. They were illegally appointed in the office of Civil Surgeon only because the Collector had not been able to take roster clearance and on account of pendency of the writ application, as face saving device, he directed for issuance of appointment letters against existing vacancy in the office of Civil Surgeon-cum-Chief Medical Officer Aurangabad. It has been submitted by the petitioners’ counsel that subsequently the roster point clearance was taken by the Collector, Aurangabad on 6.3.2006, against vacancies of and 18 posts of clerk and 4 post of Revenue Karamkchari in general category. Satyendra Kumar Singh, and others who had also been recommended 6 by B.P.S.C. on successful candidates, for appointment against non Technical Class III post in Collectorate cadre but appointed in the office of the Civil Surgeon-cum-Medical Officer, Aurangabad, subsequently represented for there readjustment against vacant posts in the Collectorate cadre. They were adjusted against existing vacancies in the Collectorate, Aurangabad. So far petitioners are concerned their cases were not considered even though there are vacancies in general categores in the Collectorate cadre. In the counter affidavit, statement made by the petitioner regarding their appointment in the Civil Surgeon’s office in a given circumstances has neither been admitted nor denied. However, it has been stated that since the 7 petitioners have already been appointed in the Health Department as non technical Assistant, so now there is no question to adjust them in the office of the Collectorate. The counsel for the petitioners has annexed the copy of requisition for vacant post as Annexure-19 along with his supplementary affidavit, to show that in Aurangabad Collectorate, there were vacancies in the general category on different posts against which the candidates like petitioners can be adjusted. Considering the fact that the names of the petitioners had been cleared as successful candidates for vacancies advertised in the Collectorate cadre and B.P.S.C. had recommended their names for appointment against non-technical 8 class-III post in the Collectorate cadre, there was no reason for their appointment on any Class-III post in the office of Civil Surgeon, which is a different cadre. Petitioners’ case is that they had never applied for vacancies in Civil Surgeon office. Through Advertisement No. 39 of 1998 applications had not been invited against vacancies existing in the Civil Surgeon’s office. There was no reason for making their appointment against vacancies existing in any different cadre, for which they were neither recommended nor they had applied. It has also been submitted that, in similar facts and circumstances of the case, similarly situated persons had already been adjusted by the respondents, against the vacancies existing in the Collectorate cadre. There is no 9 reason for denying this benefit to the petitioners. Considering these facts, the District Magistrate, Aurangabad is directed to adjust all six petitioners against the existing vacancies in the Collectorate cadre, in general category. Necessary action must be taken by the respondent Collector, Aurangabad within eight weeks from the date of presentation/communication of this order, allowing similar relief to petitioners as has been allowed to similarly situated persons. Petitioners on their adjustment in Collectorate cadre will be given benefit of continuity in service and as well as pay protection. The application is allowed. Devendra/ ( Mridula Mishra, J.)