- (1.) THIS appeal has been preferred by the appellant against the order dated 22nd September, 2004, passed by the learned Single Judge in W.P.(S) No. 4917 of 2004, whereby and whereunder, prayer of the appellant for a direction on the respondents to take steps for appointment in pursuance of the earlier order, passed by this Court in C.WJ.C.No. 7963 of 1998, has been rejected.
(2.) IT appears that at the instance of the Deputy Commissioner, Godda, the Employment Exchange, Godda, issued Advertisement No. 05 -19/94, published in the newspaper on 1st November, 1994 for appointment against Class III posts. A number of daily wage employees were working as Typist and Stenographer -cum -Assistant in the office of the District Land Acquisition Officer, Godda, having been retrenched from the service, preferred a writ petition being C.W.J.C.No. 6988 of 1992, which was disposed of on 6th September, 1993. Thereafter, Advertisement No. 05 -19/94 was issued on 1st November, 1994 in pursuance of which number of persons applied. However, without making any appointment, another advertisement was published on 26th January, 1998 for filling up the posts through Bihar Public Service Commission. The said second advertisement was challenged by the appellant and another in C.W.J.C.No. 7963 of 1998. In the said case, Patna High Court vide its order dated 10th November, 1999 while held that the authorities can not fill up the posts, advertised in pursuance of Advertisement No. 05 -19/94, on the basis of subsequent guideline dated 6th December, 1995 or resolution No. 4524 dated 1st June, 1999, remitted the case to the Deputy Commissioner, Godda, to fill up the posts in pursuance of Advertisement No. 05 -19/94 dated 1st November, 1994, in accordance with the rule/guideline, as was in vogue on the date of advertisement. The process of selection having started, six months' time was allowed to conclude the selection. It appears that the process of selection, in pursuance of the said direction, not having been concluded, another writ petition was preferred by the appellant before this Court being W.P.(S) No. 4917 of 2004. The learned Single Judge for the reasons, mentioned therein, dismissed the writ petition on 22nd September, 2004.
(3.) IN the counter affidavit, the respondents took the plea that all the applications, submitted by different candidates in pursuance of 1994 advertisement, have been lost. In view of such statement, the Deputy Commissioner, Godda, was directed to produce the relevant files. On perusal of the relevant files, which are in four sets, the following facts emerge: (a) The advertisement was published by the Employment Exchange, Godda, and the applicants were asked to submit their applications in the Employment Exchange, godda. (b) The Employment Exchange, Godda, never forwarded the applications in the office of the Deputy Commissioner, Godda, and all the applications remain with it (Employment Exchange, Godda). (c) In the meantime, the State imposed ban on the appointment of Class III posts and steps were taken to absorb the employees, who were working for considerable period. The ban, so imposed, was lifted sometime in the year, 1995 but no application having been received from the office of the Employment Exchange, Godda, no action was taken. (d) After the High Court's order, when the matter was taken up with the District Employment Officer, Godda, it was reported from his office that in pursuance of 1994 advertisement, total 9899 applications were received, but those applications having lost and not available in his office, one First Information Report has been lodged being Godda Town Police Station Case No. 243 of 2000 dated 19th July, 2000 for the offence under Sections 409, 419 and 420 of the Indian Penal Code. ;