IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6139 of 2011 1. Lakhan Lal Prasad S/o Daroga Lal, Resident of Village and P.O. Konand, P.S. Sikandra, Dist. Jamui, present resides at Road No.-9, Qr. No. 18A, Gardanibagh, Patna-2. 2. Sudhir Kumar, S/o Pulkit Lal Das, Resident of village Kanakpur, P.O. Kanhauli, Vias-sakri, P.S. Sakri, Dist. Madhubani, presently resides at B.N.Lal Das, C/o Sunil Kumar, Shakuntalam Sadan, Stalin Nagar, Dhigh Ghat, Dist. Patna-11. ---Petitioners. Versus 1. The State Of Bihar through the Secretary-cum-commissioner, Personnel and Administrative Reforms Department, Govt. of Bihar, Old Secretariat, Patna. 2. The Bihar Public Service Commission, through the Secretary, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna. 3. The Chairman, The Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna ---Respondents. -------- 05. 26.08.2011 Heard learned counsel for the petitioners and learned counsel for the respondent Bihar Public Service Commission. The two petitioners herein claimed to have served the Bihar Public Service Commission (for short „Commission‟) on casual basis for certain days in a month for more than 10 years. It is admitted position that they are disengaged w.e.f. 2004. They have now approached this Court with the following prayer:- “1. That this application is being preferred on behalf of above named petitioners for issuance of appropriate order/orders, direction/directions, writ/writs in the nature of mandamus directing respondents to be specific to the Bihar Public Service Commission (B.P.S.C.) to engaged the petitioners on any class- III post and if there is no vacancy available in class- III then on any class-IV post as and when work is required and also further consider them for regular absorption in case any vacancy exist and the respondents decide to fill up these vacant post.” Learned counsel for the petitioners with reference to Annexure-1 states that so far as the post of Data Entry Operator is/are concerned, at 2 least 20 sanctioned posts are lying vacant. The petitioners can be considered against those posts in case the respondent Commission make regular appointment thereagainst. It is contended that in somewhat similar circumstance(s) a Bench of this Court by a proceeding dated 22.12.2009 passed in CWJC No. 16921 of 2009 (Annexure-6) disposed of the matter whereby respondent Commission was directed to consider the case of those petitioners along with others in case the respondent Commission decide to engage/appoint Data Entry Operator or any other Class-III post(s) after granting them the benefit of age relaxation. Learned counsel for the respondent Commission, on the other hand, takes a stand that petitioners have worked only for few days in a month on casual basis which would not vest them with any legal/vested right. They have not been engaged since last several years. It is also the stand of the respondent that the Commission has not made any appointment on the post of Data Entry Operator. Mr. Nath, Learned counsel takes a stand, in my view a fair stand, that if the Commission decides to fill up the post of Data Entry Operator or any class-IV post, the petitioners shall be given an opportunity to apply thereagainst and their cases shall be considered along with others in accordance with law after granting them age relaxation. Having heard the parties and on perusal of the materials on record, it appears the petitioners had worked in the Commission on casual basis for few years. Document brought on record are sufficient/adequate to show that at least till 1997-98 they had been engaged for certain days in a month. It is the case of the petitioners that they were allowed to function on casual basis till 2004-05 whereas the 3 case of the respondent Commission is that they were disengaged after 1998. It further appears from the averments made in the counter affidavit that the respondent Commission has not made any recruitment to the post of Data Entry Operator. It is not the case of the petitioners that the Commission made any appointment on any such post or Class- IV post during the interregnum period. It further appears from Annexure-6 that in somewhat similar fact situation this Court disposed of the writ petition directing the respondent Commission to consider the case of the petitioners for appointment on any appropriate post including the post of Data Entry Operator, if the Commission decides on recruiting against the sanctioned/vacant post(s). This Court is, thus persuaded to dispose of this application by the following order:- The respondent Commission is directed to consider the case of the petitioners along with others on the vacant/sanctioned post of Data Entry Operator or any other Class-III post, if the respondents are in need to appoint personnel(s) thereagainst and initiate process therefor. While doing so the respondent Commission shall also grant the petitioners benefit of age relaxation. It is expected that the respondent Commission shall take a decision in this regard within a reasonable period of time. Sym ( Kishore K. Mandal, J.)