IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18308 of 2009 1. ASHOK KUMAR S/O LATE RAMDEO SINGH R/O VILL- DAKRA, P.S- LAKHISARAI, DISTT- LAKHISARAI, 2. MADAN MOHAN MANDAL S/O SRI PRAYAG MANDAL R/O VILL- SAKRAHA, P.S- SANHAULA, UNDER THE DISTRICT OF BHAGALPUR 3. BALMIKI KUMKAR S/O LATE ARJUN ROY R/O VILL-SIYADIH, P.S- BATH 4. SHYAMDEO MANDAL S/O SRI CHUNCHUN MANDAL R/O VILL- SAKRAHA, P.S- SANHAULA, UNDER THE DISTRICT OF BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF HELATH, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR IN CHEIF, HEALTH SERVICES, GOVT. OF BIHAR, PATNA 3. THE DY. DIRECTOR, HEALTH SERVICES (TUBERCULOSIS), BIHAR AT PATNA 4. CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, BHAGALPUR 5. THE DISTT. TUBERCULOSIS OFFICER, T.B. CENTRE, BHAGALPUR 6. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS CHAIRMAN, 15 JAWAHARLAL NEHRU MARG, PATNA ----------- 02/ 27.04.2010 Heard counsel for the petitioner, the State and the counsel appearing for BPSC. Prayer of the petitioners is to direct the respondents to consider them for appointment on the post of B.C.G. Technician pursuant to the recommendation of Bihar Public Service Commission dated 20.8.1999. A list of 315 candidates including the petitioners have been annexed, who are said to have been recommended by the BPSC. The statement in the writ application is indicative of this fact that as per the recommendation of the BPSC, the State Govt. had taken decision, long time back, not to make appoint on the basis of such recommendation. The recommendation was made in the year, 1999, but the petitioner did not move - 2 - before any appropriate forum for redressal of their grievance, in case appointments were not being made, of recommended candidates. Counsel for the petitioners submits that in the year, 2006, an assurance had been given by the State Govt. in MJC No. 2828 of 1998 that person like petitioners will be adjusted in appropriate departments. Any assurance given long time back, will not give any cause of action to the petitioners for filing writ application in the year, 2009. This application is dismissed. Petitioners, if so advised, may approach any appropriate forum for redressal of their grievance. DKS/ (Mridula Mishra, J.)