Sonali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12989 of 2021 ====================================================== Sonali, Wife of Amresh Raj, Daughter of Sri Anil Prasad Resident of VillagePaibigha, P.S.- Paibigha, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar Through Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary General Administration Department, Govt. of Bihar, Patna.
3.
The Principal Secretary Co-operative Department, Government of Bihar, Patna.
4.
The Bihar Staff Selection Commission Veterinary College Campus, Patna through its Secretary.
5.
The Chairman Bihar Staff Selection Commission, Veterinary College Campus, Patna.
6.
The Secretary Bihar Staff Selection Commission, Veterinary College Campus, Patna.
7.
Director General of Police, Government of Bihar, Patna. 8.
Home (Police) Department through its Secretary, Government of Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Ritika Rani, Adv For the Respondent/s :
Md. N.H. Khan (SC-1) Ms. Babita Kumar, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 17-08-2023 1.
The Director General of Police and the Home (Police) Department through Secretary be impleaded as Respondent Nos. 7 and 8 respectively.
2.
Heard learned counsel for the petitioner and learned counsel for the respondents.
3.
The petitioner has approached this Court for the following reliefs:
2/5 "(A) For issuance of a writ in the nature of writ of Mandamus commanding the Chairman, Bihar Staff Selection Commission, Veterinary College Campus, Patna to recommend the name of the petitioner for appointment on suitable post on the basis of meritcum- preference against the Advertisement No. 07070114 as contained in Annexure- 1.
(B)Also for commanding the General Administration Department, Government of Bihar and Respondent no. 3 to issue appointment letter to the petitioner on appropriate post against the Advertisement No. 07070114 as contained in Annexure- 1 on the basis of merit- cum-preference considering that the candidates obtaining lesser marks than the petitioner have been appointed in the general category and B.C category to the post of Cooperative Extension Officer and Grihpati Sah Lipik under Social Welfare Department.
C)Also for commanding the respondents to give seniority and other consequential service benefits from the date juniors to the petitioner have been appointed against the Advertisement No. 07070114 as contained in Annexure- 1."
4.
During the pendency of the proceedings, the respondent-Bihar Staff Selection Commission (BSSC) has come out with a communication dated 14-8-2023 to the Director General of Police in the Headquarters, Patna, wherein it has been stated as follows:
"वररीय पुललिस अधरीक्षक से पप्राप्त पलतवसेदन कसे आलिलोक म लव०सं०-07070114, लद्वितरीय स्नप्रातक स्तररीय संयपुक्त पलतयलोलगितप्रा पररीक्षप्रा कसे अभ्यरर्थी सलोनप्रालिरी, अनपुक्रममांक- 109503 कप्रा अनपुशसंसप्रा पुललिस अवर लनररीक्षक पद हसेतपु भसेजरी जप्रातरी ह। उनकप्रा डलोलजयर भरी इस पत्र कसे सप्रार संलिग्न ह। अनपुरलोध ह लक उक्त अभ्यरर्थी करी स्वप्रास्थ्य जजाँच कसे पशप्रात् सभरी मूलि पमप्राण-पत्रत्रों करी जमांचलोपरप्रान्त अपनसे स्तर से संतपुष्ट हलोनसे कसे बप्राद एवसं लनधर्धालरत पलक्रयप्रा कप्रा पप्रालिन करतसे हपुए लनयपुलक्त कसे संबसंध म अगसेतर कप्रार्रवप्राई करनसे करी ककपप्रा करी जप्राय।
3/5 यह भरी अनपुरलोध ह लक अनपुशसंलसत अभ्यरर्थी करी लनयपुलक्त कसे पमूवर्र कप्रालमर्रक एवसं पशप्रासलनक सपुधप्रार लवभप्रागि (सम्पलत सप्रामप्रान्य पशप्रासन लवभप्रागि), लबहप्रार, पटनप्रा कसे संकल्प संख्यप्रा-2082, लदनमांक 01.04 2003 म लनलहत अनपुदसेशत्रों कप्रा शत-पलतशत अनपुपप्रालिन सपुलनलशत करनसे करी ककपप्रा करी जप्राय। • अनपु०:- सलोनप्रालिरी, अनपुक्रममांक- 109503 कप्रा Dossier |" English translation "In light of the report received from the Senior Superintendent of Police, the recommendation of Sonali (Roll No.- 109503), the candidate of 2nd Graduate Level Combined Competitive examination under advertisement No. 07070114 is sent for the post of the Sub-Inspector of Police. Her dossier is also attached herewith.
It is requested to take further action by following the due process regarding appointment of the said candidate after medical test and on being satisfied with the verification of original certificates of the said candidate from your own level. It is also requested to ensure the compliance of prescribed instructions in toto as per Resolution no. 2082, dated 01.04.2003 of Personnel and Administrative Reforms Department (Presently, General Administration Department), Bihar, Patna prior to appointment of the recommended candidate.
Enclosure:- Dossier of Sonali (Roll No.- 109503)" 5.
Parties, therefore, are in agreement that the reliefs prayed for in the writ petition have become infructuous. 6.
Learned counsel for the petitioner submits that under similar circumstances, this Court in the case of Vivek Kumar vs. the State of Bihar & Ors. with analogues case passed in CWJC No. 10857 of 2019, has directed directed as follows:
4/5 "Considering the aforesaid, both these writ applications are disposed of with a direction to the Principal Secretary, Cooperative Department, Government of Bihar to forthwith ensure appointment and posting of the petitioners. If appointment and posting of the petitioners are not made within a period of one month from today, petitioners shall be entitled to payment of entire arrears of salary and other allowances from the date similarly circumstanced others have been appointed on the basis of the recommendation of the Bihar Staff Selection Commission in 2016 and arrears shall be borne out from the pocket of the erring officials who kept the petitioners' appointment on hold. If the petitioners are offered appointment within one month from today, petitioners shall be entitled to the benefit of continuity in service, seniority, pay protection except payment of arrears of salary.
With the aforesaid, both the writ applications stand disposed of. "
7.
Considering the facts and submission of the parties, this Court is of the view that the instant writ application be also
5/5 disposed of in the same terms as CWJC No. 10857 of 2019. 8.
This Court accordingly directs the Respondent Nos. 7 & 8 to forthwith ensure appointment and posting of the petitioner. If, however appointment and posting of the petitioner is not made within a period of one month from date of receipt/production of a copy of this order before the Director General of Police, Bihar, petitioner shall be entitled to payment of entire arrears of salary and other allowances from the date similarly circumstanced others have been appointed on the basis of the recommendation of the Bihar Staff Selection Commission in 2016 and arrears shall be borne out from the pocket of the erring official. If the petitioner is offered appointment within one month from date of receipt/production of a copy of this order, petitioner shall be entitled only to the benefit of continuity in service, seniority, pay protection except payment of arrears of salary.
9.
Writ petition is disposed of.
(Madhuresh Prasad, J) SUMIT/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.09.2023 Transmission Date NA