STATE OF BIHAR Vs. AMRENDRA KUMAR MISHRA
LAWS(SC)-2006-9-58
SUPREME COURT OF INDIA
Decided on September 26,2006

STATE OF BIHAR Appellant
VERSUS
AMRENDRA KUMAR MISHRA Respondents





Cited Judgements :-

REGIONAL MANAGER SBI VS. MAHATMA MISHRA [LAWS(SC)-2006-11-19] [REFERRED TO]
STATE OF PUNJAB AND ORS VS. EX ASI SAT PAL [LAWS(P&H)-2012-6-78] [REFERRED]
RAMAYAN PRASAD CHATURVEDI VS. STATE OF M P [LAWS(MPH)-2009-4-106] [REFERRED TO]
S.M. SHRIKHANDE VS. THE MANAGING DIRECTOR, STATE BANK OF INDIA [LAWS(MPH)-2014-11-23] [REFERRED TO]
YAJOM ETE VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2022-3-126] [REFERRED TO]
R PANDIAN VS. POSTMASTER GENERAL, UNION OF INDIA; SUPERINTENDENT OF POST OFFICES; ASSISTANT SUPERINTENDENT OF POSTS (OD); REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(MAD)-2016-9-99] [REFERRED]
JAGENDRA SINGH BHADORIA VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2017-6-167] [REFERRED TO]
AMIT KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-10-27] [REFERRED TO]
RAMA SHANKAR PANDEY VS. STATE OF U.P. [LAWS(ALL)-2013-7-57] [REFERRED TO]
PRAMOD PAL SINGH VS. STATE OF UP [LAWS(ALL)-2010-5-97] [REFERRED TO]
STATE OF WEST BENGAL VS. ASHIM CHAKRABORTY [LAWS(CAL)-2009-3-82] [REFERRED TO]
THE STATE OF ASSAM VS. SRI. HARI NARAYAN SINGH [LAWS(GAU)-2017-5-90] [REFERRED TO]
STATE OF ASSAM VS. HARI NARAYAN SINGH [LAWS(GAU)-2017-5-44] [REFERRED TO]
TARIT KANTI NASKAR VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-8-128] [REFERRED TO]
ANOWARA BIBI VS. THE STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2018-6-176] [REFERRED TO]
HIGH COURT BAR ASSOCIATION VS. GAUHATI HIGH COURT [LAWS(GAU)-2022-9-56] [REFERRED TO]
BALJIT SINGH VS. STATE OF HARYANA [LAWS(P&H)-2013-11-215] [REFERRED TO]
VIRENDRA KUMAR VS. STATE OF M.P. [LAWS(MPH)-2019-5-135] [REFERRED TO]
STATE OF KARNATAKA VS. AMEERBI [LAWS(SC)-2006-12-25] [REFERRED TO]
SURESH S/O BHUJANGRAO INGOLE VS. STATE OF MAHARASHTRA, THROUGH SECRETARY, MAHARASHTRA STATE ROAD TRANSPORTATION CORPORATION,(M S R T C ), MANTRALAYA, MUMBAI [LAWS(BOM)-2017-10-148] [REFERRED TO]
SUKESH N. DESAI VS. STATE BANK OF INDIA [LAWS(GJH)-2022-3-1227] [REFERRED TO]
CHETANDAN DHIRAJBHAI GADHAVI VS. STATE OF GUJARAT [LAWS(GJH)-2007-3-69] [REFERRED TO]
BHUPATI HALDER VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-8-132] [REFERRED TO]
STATE OF M.P. VS. VEERENDRA KUMAR JHARIYA [LAWS(MPH)-2020-3-295] [REFERRED TO]
STATE OF RAJASTHAN VS. JAGDISH CHOPRA [LAWS(SC)-2007-8-65] [REFERRED TO]
ARVINDSINH JASHVANTSINH CHAUHAN VS. STATE OF GUJARAT [LAWS(GJH)-2007-4-44] [REFERRED TO]
G.GEETHA VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2022-6-253] [REFERRED TO]
JEMICA KIVIGHO ZHIMOMI AND ORS. VS. THE VICE CHANCELLOR, NORTH EASTERN HILL UNIVERSITY (NEHU) AND ORS. [LAWS(MEGH)-2015-12-1] [REFERRED TO]
UTTAR HARYANA BIJLI VITRAN NIGAM LTD VS. SURJI DEVI [LAWS(SC)-2008-1-157] [REFERRED TO]
ABRAR MOHAMMAD VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2018-7-105] [REFERRED TO]
PAULOSE VS. STATE OF KERALA [LAWS(KER)-2020-8-277] [REFERRED TO]
VAKIYATH KOYA VS. STATE OF KERALA [LAWS(KER)-2022-5-25] [REFERRED TO]
ADELBERT KHARLYNGDOH VS. THE STATE OF MEGHALAYA [LAWS(MEGH)-2014-12-5] [REFERRED TO]
PAKTUM BASAR VS. LINGUM TAKI [LAWS(GAU)-2022-2-9] [REFERRED TO]
PANNA LAL VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2017-2-306] [REFERRED TO]
SANTANA BARMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-7-136] [REFERRED TO]
DILIP KUMAR SINGH VS. STATE OF C. G. [LAWS(CHH)-2021-9-81] [REFERRED TO]
KASTURI DEVI VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2008-3-288] [REFERRED]
TANYA KHAN AFRIDI VS. JAMMU AND KASHMIR BOARD OF PROFESSIONAL ENTRANCE EXAMINATION [LAWS(J&K)-2019-9-53] [REFERRED TO]
UNION OF INDIA VS. L.R. MEENA [LAWS(DLH)-2011-9-424] [REFERRED TO]
I.LANUCHUBA CHANG VS. STATE OF NAGALAND [LAWS(GAU)-2021-4-52] [REFERRED TO]
KANIKA BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-9-167] [REFERRED TO]
SHARON A. PAKYNTEIN AND ORS. VS. THE STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-2-10] [REFERRED TO]
ANUPAL SINGH VS. STATE OF U P [LAWS(SC)-2019-9-114] [REFERRED TO]
NILAY KUMAR PODDAR VS. STATE OF M.P. [LAWS(MPH)-2019-7-266] [REFERRED TO]
SURENDRA SINGH TOMAR VS. UNION OF INDIA [LAWS(MPH)-2018-3-338] [REFERRED TO]
NEERAJ RANA VS. STATE OF MADHYA PRADESH AND ORS. [LAWS(MPH)-2018-11-149] [REFERRED TO]
ABDUL SAMAD VS. GENERAL MANAGER SOUTH CENTRAL RAILWAY SECUNDERABAD [LAWS(APH)-2006-12-108] [REFERRED TO]
ANUPAM KUMAR PANDEY VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-1-132] [REFERRED TO]
ANGAD KUMAR PANDEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2012-5-5] [REFERRED TO]
TOOFAN SINGH VS. M.P. STATE CIVIL SUPPLIES AND ORS. [LAWS(MPH)-2014-11-200] [REFERRED TO]
PARKASH CHAND AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-10-10] [REFERRED TO]
ASHOK KUMAR TRIPATHI VS. UNION OF INDIA [LAWS(ALL)-2007-5-56] [REFERRED TO]
UNION OF INDIA VS. M. DURAISAMY [LAWS(SC)-2022-4-43] [REFERRED TO]
SURAJ SINGH DHAKAD VS. STATE OF M.P. [LAWS(MPH)-2022-8-91] [REFERRED TO]
PRANAY RAJ SHARAN SINHA VS. STATE OF BIHAR [LAWS(PAT)-2010-9-153] [REFERRED TO]
AMLAN JYOTI BOROOAH VS. STATE OF ASSAM [LAWS(SC)-2009-1-72] [REFERRED TO]
PATEL TUSHAR BHARATKUMAR VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-8-12] [REFERRED TO]
NILESH KUMAR PANDEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-6-147] [REFERRED TO]
NIRAJ KUMAR SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-2-37] [REFERRED TO]
STATE OF HARYANA VS. SHAKUNTLA DEVI [LAWS(SC)-2008-10-97] [REFERRED TO]
STATE OF M P VS. SANJAY KUMAR PATHAK [LAWS(SC)-2007-10-44] [REFERRED TO]
SURENDER SINGH TAXAK VS. FOOD CORPORATION OF INDIA AND ORS. [LAWS(P&H)-2016-3-57] [REFERRED TO]
KAUSER AYESHA D/O MD.ABDUS SATTAR VS. BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION [LAWS(PAT)-2010-1-134] [REFERRED TO]
SHRI ACHOM THAMBALNGOU SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-6-1] [REFERRED TO]
KIRAN SHRIVASTAVA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-12-61] [REFERRED TO]
SURESHBHAI B PATEL VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2012-4-342] [REFERRED TO]
HITESH CHANDUBHAI JAKASANIYA VS. GUJARAT ENERGY TRANSMISSION CORPORATION LTD [LAWS(GJH)-2023-12-24] [REFERRED TO]
TAPAN PRADHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-4-125] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)The Bihar State Subordinate Service Selection Board issued an advertisement for appointment of 225 posts of Live Stock Assistants in the Animal Husbandry Department. Respondent herein pursuant to or in furtherance of the said advertisement applied therefor. He was declared successful. On or about 21.12.1992, Respondent herein along with other successful candidates had been recommended by the Board. Appointment letters were issued to 195 successful candidates, out of the 200 candidates recommended by the Commisson. By a Memo. No. 323 dated 21.02.1992, an appointment letter was sent to Respondent asking him to join the post within fifteen days. He failed to join. Allegedly, on 20.07.1994, he requested Director, Department of Animal Husbandry, to issue an appointment letter to him, stating :
"I came to know that the Department had appointed maximum candidates till date and the appointment proceeding is going on for the remaining advertised 225 posts. My Serial Number is more above in the recommended merit list and junior persons to me have been appointed but I have not received any appointment letter till date for my joining. During the period of enquiry, I have come to know that the appointment letter of the selected candidates have been forwarded, whereas I have not received appointment letter till now.

(3.)In the above facts and circumstances, I, therefore, request you to kindly pass the appropriate order immediately for giving me appointment letter."
No reply thereto was allegedly given. He did not take any steps in regard thereto and only on 22.06.1995, he again requested the Director of Animal Husbandry to issue him an appointment letter in order to enable him to join the said post, stating :

"With respect, it is to say with regard to earlier application dispatched by me in the aforesaid subject matter that in the light of the subject matter, advertisement by the Bihar Public Service Commission, I had recommended for appointment.



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