ANUJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners for the following reliefs:--

(2.) No objection has been raised by the respondents against the said interlocutory application. However, this Court finds that Since the Bihar School Examination Board and its authorities are themselves parties to this writ petition as respondent Nos. 3 to 5 there is no occasion for impleading the Committee and its members as party respondents because the Committee is only a recommending body and the final decision in that regard had to be taken by the Board itself. In the said circumstances, the prayer for addition of parties is hereby rejected and the interlocutory application is partly allowed only to the extent of adding the aforesaid two reliefs.

(3.) The claim of the petitioners was that on 7.9.1994, the Bihar Intermediate Education Council (hereinafter referred to as 'the Council' for the sake of brevity) took a decision to fill up 21 vacant sanctioned posts of Class-III and Class-IV, i.e. Assistant/Routine Clerk/Calligraphist/Peon etc. on daily wages due to exigencies of work, whereafter an advertisement was published on 9.9.1994 on the Notice Board of the Council inviting applications from eligible candidates, in pursuance of which the petitioners alongwith others applied for appointment on those posts, and they were called for interview by the Council, whereafter petitioner Nos. 5, 9, 10 and 11 were found fit for the posts of Routine Clerk, whereas petitioner No. 4 was found fit for the post of Calligraphist and the remaining petitioners were found fit for the posts of Assistant and hence Council decided to appoint them against the respective vacant sanctioned posts on daily wages. Accordingly appointment letters dated 28.10.1994 were issued and they joined the said respective posts in the month of October, 1994 and since then they, continued working in the Council. Since the service records were excellent due to satisfactory work, the remunerations of the petitioners were increased from time to time by the Council and vide office order dated 10.10.2001 they were provided minimum scale of pay of their respective posts against which they were working and as such the petitioners became ad hoc employees of the Council. Furthermore, the petitioners were also granted existing dearness allowance on the minimum scale of pay vide office order dated 13.10.2001.