ALOK SINGH, J. - (1.)
(2.) THE petitioners were initially appointed as Technical Assistants in Animal Husbandry & Fishery Department, Bihar. A general order was issued on 23rd October, 1998 that appointments made by the Regional Director, are illegal, therefore, notices be issued to such appointees and thereafter their services be terminated. Thereafter, services of such Technical Assistants including the petitioners were terminated. Few Technical Assistants had filed different writ petitions challenging the order dated 23rd October, 1998 and consequential termination order, before this Court. The writ petitions so filed were dismissed by this Court vide judgment dated 18.07.2001, reported in, 2001 (3) Jhr C.R. 134 (Jhr), Annexure no. 5 to the writ petition. However, this Court while dismissing the writ petitions, was pleased to direct that the State Government would give age relaxation and certain weightage to those petitioners over the outsiders, as and when they fill -up the posts of Technical Assistants on regular basis.
(3.) THEREAFTER , judgment of this Court dated 18.7.2001 was challenged before the Hon'ble Supreme Court. Hon'ble Apex Court had disposed of Civil Appeals so filed, vide judgment dated 23rd July, 2003, Annexure -6 to the writ petition, upholding the termination. Hon'ble Apex Court placing reliance on the case of Ashwini Kumar Vs State of Bihar, reported in : 1997 (2) S.C.C. 1 was pleased to observe that appellant would be given weightage in the selection for the vacant posts. However, Hon'ble Apex Court had clarified that this case would not be treated as precedent since same was decided in the peculiar facts and circumstance of the case.;