MOHD.NAUSHAD, PRAMOD RAUT AND MD.SARWAR ALAM Vs. STATE OF BIHAR
LAWS(JHAR)-2002-9-90
HIGH COURT OF JHARKHAND
Decided on September 16,2002

Mohd.Naushad, Pramod Raut And Md.Sarwar Alam Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) IN all these cases the petitioners have prayed for common relief or their appointment to the post of driver against the posts approved in the year 1999 and panel prepared in the year 2000 in the District of Deoghar. They claimed to be working as driver on daily wage.
(2.) THE counsel for the petitioner produced an order of this Court dated 13th May, 2002 passed in the case of Ganesh Prasad Mishra v. State of Bihar and Ors., CWJC No. 8980/2000(P) wherein the Court passed the following orders : The writ petition has been preferred by petitioner to set aside the panel of driver published on 6.6.2000 vide Annexure 7 and the appointment made on the basis of such panel. 2000 (1) PLJR 787. In the present case, as none of the persons appointed to the post of driver in pursuance of advertisement of 1997 and panel dated 6.6.2000 have been im - pleaded as party -respondent, in their absence, it is not desirable to set aside the panel or their appointment. However, taking into consideration the statement made on behalf of the petitioner that he is working on daily wage driver since May, 1987, his case is remitted to the Deputy Commissioner, Deoghar to consider the case of petitioner for appointment alongwith other similarly situated and eligible persons against the vacancies, if any, in the Collectorate. It may be mentioned that if the posts of driver are vacant in the Collectorate, instead of continuing with ad hoc arrangement of daily wage, the authority should fill up the posts on regular basis, in accordance with law, preferably within six months. In case, the petitioner is working on daily wage and is found overage, the respondents will relax his age. Further, if any adverse decision is taken by the respondents, will communicate the ground to the petitioner. The writ petition stands disposed of." In the circumstances, these cases are also disposed of with similar observations and directions, if petitioners are still working on daily wages and are similarly situated. All the writ petitions stand disposed of. ;


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