IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3020 of 2007 Ashok Kumar Singh Son of Late Digambar Singh, resident of Village and P.O.- Giridharpatti, P.S. Chchattapur, District- Supaul, presently, Mapak, Patna Flood Control Project Office, Patna, District Patna … … Petitioner Versus 1. The State Of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna-1 2. The Commissioner-cum- Secretary, Water Resources (Irrigation) Department, Government of Bihar, Old Secretariat at Patna-1 3. The Director, Land Acquisition and Rehabilitation- cum Joint Secretary, Water Resources (Irrigation) Department, Government of Bihar, Old Secretariat, Patna-1 4. The Special land Acquisition Officer, Koshi Project, Darbhanga, District Darbhanga 5. The Special Land Acquisition Officer, Sasaram, District Rohtas 6. The Special Land Acquisition Officer, Sone Project, Purnea, District Purnea 7. The Special Land Acquisition Officer, Saharsa, District- Saharsa 8. The Special Land Acquisition Officer, Patna Flood Control Project Office, Patna, District Patna ….. Respondents ---------------------------------- For the petitioner M/s Aditya Narayan & Ashok Kumar Choudhary, Advocates For the Respondents :Mr. Madhukar Mishra, A.C. to G.A.-9 02/ 12.09.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was initially appointed as Amin by the Special Land Acquisition Officer, Kosi Project, Darbhanga under office order, bearing Memo No. 342 dated 25.8.1988, 2 Annexure-1. He has challenged the office order bearing Memo No. 260 dated 1.2.2007, Annexure-12 passed by the Director, Land Acquisition and Rehabilitation of the Water Resources (Irrigation) Department whereunder the appointment of the petitioner and others has been held to be illegal as the same was made without any advertisement as also without applying the reservation policy. The Special Land Acquisition Officer, who appointed the petitioner and others was also not vested with the powers to make appointment on the post of Amin. 2. It is submitted on behalf of the petitioner that appointment of the petitioner may be illegal but the same was made against the sanctioned post and petitioner served as Amin for the period between 25.8.1988 – 31.1.2007 i.e. for more than 18 years. In the background of the aforesaid two facts, it is submitted that as the appointment was against the sanctioned post and that petitioner served for about 18 years, his case was required to be considered in the light of the 3 observations made by the Constitution Bench of the Hon’ble Supreme Court in the case of Secretary, State of Karnataka and others Vrs. Uma Devi and others, reported in (2006) 4 Supreme Court Cases 1, paragraph 44 and the case of State of Karnataka & Ors. Vrs. M.L. Kesari & Ors., reported in (2010) 9 Supreme Court Cases 247 and the Division Bench judgment of this Court in the case of Ram Tapeshwar Sah & Ors. Vrs. State of Bihar & Ors., reported in 2006(3) PLJR 376. It is also submitted on behalf of the petitioner that this Court while considering the case of Narendra Prasad Singh in C.W.J.C. No. 3258 of 2004, passed order dated 8.6.2006 asking the authorities to reconsider the matter in the light of the aforesaid judgment of the Hon’ble Supreme Court. 3. Having heard counsel for the petitioner and the State, I direct the State- respondents to consider the case of the petitioner in the light of the aforesaid judgments referred to 4 in this order as early as possible, in any case within three months from the date of receipt/ production of a copy of this order. 4. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)