IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16921 of 2009 1. KUMAR SHISHUPAL S/O LATE RAMASHISH SINGH R/O VILLAGE AND P.O.- DHELWAN, P.S.- RAM KRISHNA NAGAR, VIA- LOHIANAGAR, DISTT.- PATNA 2. UPENDRA KUMAR VERMA S/O LATE BASANT MAHTO R/O SHAHPUR, P.O.- DAUDPUR, P.S.- SHAHPUR, DISTT.- PATNA 3. KUMAR YASHUPAL S/O LATE RAMASHISH SINGH 'BHARTI' R/O VILLAGE & P.O.- DHELWAN, P.S.- RAMKRISHNA NAGAR, VIA- LOHIANAGAR, DISTT.- PATNA 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 BIHAR PUBLIC SERVICE COMMISSION, 15 JAWAHAR LAL NEHRU MARG, BAILEY ROAD, PATNA ----------- For the petitioners : (1). Mr. Gautam Bose, Senior Advocate. (2). M/S. Ratna Das & Ajay Kumar, Advocates. For the State :- (1). Mr. Mahesh Prasad, SC-8. (2). Mr. R.K.Sinha, A.C. to S.C.-8. For the B.P.S.C.:- Mr. Ashok Kumar Choudhary, Advocate. ==== 2. 22.12.2009. Heard learned counsel for the petitioners, State and the counsel for the Bihar Public Service Commission, Patna (hereinafter referred to as “BPSC”). 2. Counsel for the BPSC prays for time to file counter affidavit but the order which this Court is proposing to pass does not admit of any counter affidavit. In the circumstances, the prayer of the learned counsel to file counter affidavit is rejected. 3. Petitioners served as Data Entry Operator as also on other post in the BPSC on daily wage basis with effect from 5.1.1992, 3.1.1992 and 3.1.1994 respectively. Their services have been terminated in the year, 2006. This writ application has been filed praying inter alia that as and when BPSC is in need to engage Data Entry Operators or any other Class-III post then the case of the petitioners be considered for such appointment along with all other seniors provided they are willing - 2 - to serve the BPSC on Class-III/IV post. 4. Having heard counsel for the petitioners, State and the counsel for the BPSC, I dispose of this writ application directing the BPSC to consider the case of the petitioners as also other seniors in case they are in need to engage Data Entry Operators or any other Class-III post. While considering the case of the petitioners and other seniors the experience earned by them in the BPSC while serving as Data Entry Operator or any other Class-III post may also be considered and they be allowed the benefit of age relaxation. P.K.P. (V.N.Sinha,J.)