IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14721 of 2009 1. RAJENDRA CHOUDHARY S/O SRI HRIDAY CHOUDHARY VILLAGE AND P.O.- SITANABAD, P.S.- SIMRI BAKHTIYARPUR, DISTT.- SAHARSA Versus 1. THE STATE OF BIHAR 2. THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT, PURNEA 3. THE SUPERINTENDING ENGINEER CANAL CIRCLE, PURNEA 4. THE EXECUTIVE ENGINEER ARIGATION DIVISION, PURNEA 5. THE SECRETARY, GOVT. OF BIHAR WATER RESOURCE DEPARTMENT, PATNA OLD SECRETARIAT, PATNA 6. THE JOINT SECRETARY WATER RESOURCE DEPARTMENT, OLD SECRETARIAT, PATNA 7. THE ADDITIONAL SECRETARY, GOVT. OF BIHAR WATER RESOURCE DEPARTMENT, OLD SECRETARIAT, PATNA 8. THE DEPUTY SECRETARY WATER RESOURCE DEPTT., PATNA OLD SECRETARIAT, PATNA 9. THE COMMISSIONER WATER RESOURCE DEPTT., PATNA OLD SECRETARIAT, PATNA ----------- 2. 19.11.2009 Heard learned counsel for the petitioner and the State. Conscious of their own difficulties in view of the orders of this Court in C.W.J.C. Nos. 5361 of 1991 and 13046 of 1992 declining to interfere with their orders of termination, learned counsel moulds the submission to urge that notwithstanding availability of vacancies, for no justifiable reasons, the same were not being filled up much less the respondents proceeding in terms of the direction of the Division Bench in C.W.J.C. No. 8943 of 1994, more particularly at Paragraph-7. Learned counsel for the State rightly urges that mere availability of vacancies cannot be a ground to urge for a direction to fill up the vacancies. The privilege is that of the 2 Government. Learned State counsel may be right in the submission in a broad sense. But, simultaneously, if there are regular sanctioned vacancies available and persons are being made to work or are being utilized against those vacancies in a manner other than of a regular appointment, that itself is indicative of the need for personnel on those posts. The Government as a Welfare employer is not expected to resort to such subterfuge to defeat the legitimate claims of citizens. The writ application is disposed with the aforesaid observation to be complied with strictly in accordance with the directions of the Division Bench in C.W.J.C. No. 8943 of 1994. P. Kumar (Navin Sinha, J.)