- (1.) Before coming to the issue involved in this appeal, the fact of the the case which has given rise to this appeal needs to be taken notice. The then erstwhile State of Bihar came out with a scheme known as "Semen Bank Project". To run the project smoothly 400 posts of Technical Assistants were created for the regions, which subsequently fell within the territory of Jharkhand, for one year which was ex -tended time to time. Under the scheme, the Director, Animal Husbandry Department was competent to make appointments. However, the State Government in view of the urgency of making appointment to run the project permitted the Regional Directors to make appointments against Class -Ill posts of Technical Assistant on completely temporary and short term basis, by way of ad hoc arrangement, till regular appointments are made after following the procedure. Thereupon several appointments were made on the said posts without following the procedure and excess to the sanctioned post. When the said irregularity came to the notice of the State Government, the State Government, vide letter No. 5021 dated 3.10.1996 directed the authority to enquire into the matter and to terminate the services of the Technical Assistants, illegally appointed after giving him due notice. Thereafter, the respondents after serving show causes to those who had been appointed terminated their services including the appellants as the appointments had been made excess to the sanctioned post and without following the minimum requirement contravening the provisions as enshrined under Articles 14 and 16 of the Constitution of India vide order as contained in a letter bearing No. 5530 dated 23.10.1998.
(2.) That order was challenged by several persons before this Court in C.W.J.C. No. 3503 of 1998 (R), C.W.J.C. No. 3934 of 1999 (R), C.W.J.C. No. 3769 of 1998 (R), C.W.J.C. No. 3813 of 2000 (R) and C.W.J.C. No. 2228 of 2001. All those cases were heard together. It was found by this Court that appointments had been made on the said posts without giving opportunity to similarly situated persons. In violation of Articles 14 and 16 of the Constitution of India are illegal. By holding so, this Court did hold that no relief can be granted and the writ petitions were dismissed. However, it was observed as follows: - - "However, taking into consideration the fact that all the petitioners are working for about 10 years or above, the State Governments are directed to give certain weightage to these petitioners as and when they fill -up the posts of Technical Assistant on regular basis, by giving appropriate age relaxation, if so required, and weightage over the outsiders."
(3.) Being aggrieved with that order passed by this Court whereby writ applications had been dismissed, the petitioners of those cases did prefer intra court appeal by filing L.P.A. which also got dismissed.;