SARFARAZ ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has come to this Court for issuance of an appropriate writ for implementing the recommendation, as made in his favour, by the Bihar Staff Selection Commission (hereinafter referred to as the Commission) as far back as on 28.8.2006 for considering the appointment of Petitioner as a driver. This writ petition has been pending for over three years and counter affidavits have been filed but they really do not solve the problem. They are denials, half admissions and vague. However, factual position is clear and, therefore, I do not propose to prolong the matter any further and I am disposing of this writ petition after hearing the parties.

(2.) The Commission has been established with the statutory duty to make selection of employees who at that time were having pay scale of Rs. 6,500/-. Here we are concerned with post of driver which falls within the jurisdiction of the Commission.

(3.) It appears that vide Memo No. 982 dated 15.9.2004 the District Magistrate-cum-Collector, Katihar sent a requisition to the Commission for making selection, inter alia, of drivers which was meant for Health Department. There were other posts also. The letter clearly shows that it was in relation to various vacancies in the district itself. The letter is annexed as Annexure-A to the counter affidavit filed on behalf of the Commission. It is pursuant to the aforesaid requisition which was then forwarded also by the Revenue and Land Reforms Department to the Commission. The Commission issued advertisement being Advertisement No. 1404/1605 and made selection. After making selection two drivers were selected including the Petitioner and on 28.8.2006 (Annexure-7), the Commission made his recommendation to the Civil Surgeon, Katihar for appointing the Petitioner as a driver, as is evident from Annexure-8, the letter of Civil Surgeon, Katihar dated 4.12.2006 to the Director-in-Chief, Health Services, Government of Bihar, Patna. Having received the said recommendation, he informed the Director-in-Chief, Health Services that driver not being Class-IV employees Civil Surgeon was not competent to appoint, as such, Director-in-Chief may take such a decision in that regard. Once the matter was, thus, referred. It appears that it has gone into hibernation. It is to resort the situation the present writ petition has been filed.