GAURI SHANKAR TEWARY Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This application, the petitioner has challenged the orders contained in Annexures 9 and 12 appended to this writ application. By annexure-9, respondent No. 2 partially modified his previous order contained in annexure-8 against which the petitioner had made a representation, which was rejected vide memo. No. 169 dated 29-1-1980 contained in annexure-12. Subsequently, an application was filed by the petitioner for. quashing as well the order contained in annexure-13 appended to the said application and it wasl also prayed to treat the said application as part of the main writ application.

(2.) The relevant facts for the disposal of this application, in short, are that the petitioner, who was working as a Canal Tahsildar, appeared at the examination held on. 11-1-1959 for enrolment as tern- porary Ziladar along with respondents 4 to 7 who were also working under the 'State of Bihar in different capacities and many others. None of the examinees in- cluding the petitioner and respondents 4 to. 7 passed the aforesaid examination. There is a rule according to which nobody could be appointed on the iob of a Ziladar without passing the enrolment examination. According to the petitioner, due to the compelling need of the Department, respondent No. 4 and two others were given ad hoc appointment on purely provisional basis vide annexure-1. It was stipulated in annexure-1 a clear terms that as they have not duly passed the last enrolment examination held on 11-1-1959 in all subjects therefore, their names have not been enrolled. It was also stated that their appointment was purely on provisional basis and subject to their passing the next enrolment examination and this appointment would not confer anv right for their enrolment in the waiting list of Ziladars.

(3.) The next enrolment examination was held between 4-5-1959 and 6-5-1959 at which the petitioner and respondents 4 to 7 appeared along with many others. "The result of the said examination was published and the petitioner along with respondents 5 and 6 were declared to have passed the examination and they were ordered to be enrolled in the list of Ziladars. According to the petitioner, he topped the list of the successful candidates which is evident from annexure- 2 to this application. The then Chief Engineer of Irrigation Department appointed the petitioner and respondents 4 to 7 as temporary Ziladars vide annexure-3 to this application. It may be pointed out here that though respondents Nos. 4 and 7 did not pass the exam'nation, yet they were appointed along with the petitioner. In that appointment letter, petitioner's name was shown against entry No. ]. It is relevant to mention here that provisional appointment made earlier vide annexure 1 was also terminated by annexure-3. The petitioner joined his new assignment on 14-7-1959.