Court directed respondents to reconsider petitioners' case for absorption after confirming in their counter affidavit that petitioners met minimum service requirements, ordering a decision within five months.
Direction to respondents to consider petitioners' case for absorption within five months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13893 of 2001 RANVIJAY KUMAR & ORS ………………… Petitioners Versus THE STATE OF BIHAR & ORS ……….… Respondents. -----------
The petitioners came to this Court aggrieved by the exclusion of their names from the final list of Non Formal Education Supervisors prepared for the purposes of absorption under a scheme framed by the State pursuant to certain orders of this Court.
The submission was that for the purposes of present
controversy, the scheme provided that those, who had completed three years of service as Non Formal Education Supervisors, were liable to
be considered.
The counter affidavit filed on behalf of the respondents in paragraphs 4, 5 & 6 specifically acknowledges that the three petitioners had, in fact, completed more than three years of service as Non Formal Education Supervisors.
It is, therefore, apparent that their cases could not be considered for the fault of the respondents themselves.
While counsel for the State urged that whatever may be the situation, the whole scheme of absorption was a one time exercise, learned counsel for the petitioners submits that the matter is engaging the attention of the Government again for reasons of other similar discrepancies detected.
If the matter is still alive and is engaging the attention of the Government, quite obviously, the case of the petitioners is liable to be
considered in light of the statements made by the respondents themselves in their counter affidavit with regard to the petitioners’ fulfilling the condition.
Let such consideration be done and a final decision be taken within a maximum period of five months from the date of receipt and / or production of a copy of this order before the respondents State.
The writ petition stands disposed of with the aforesaid observations.
( Navin Sinha, J. )
dk
1 issue framed by the court
Whether the petitioners' exclusion from the absorption list can be reconsidered since respondents acknowledged they met the service criteria.
Ranvijay Kumar & Ors
The State of Bihar & Ors
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
