Sanjeev Kumar vs State of Bihar and others

S.J. Mukhopadhyaya, J.—This application was initially preferred by the petitioner against Memo No. 1633 dated 1st September, 1999 issued by the Civil Surgeon-cum-Chief Medical Officer, Samastipur, whereby direction was given to terminate his service along with others. When the case was taken up, the counsel for the petitioner brought to the notice of the Court an unreported decision in the case of Rajiv Ranjan and another vs. State of Bihar and others (C.W.J.C. No. 4302 of 1998), disposed of on 21st July, 1999.

It appears that diploma holders of Pharmacy made allegations that Respondents were not filling up the posts of Pharmacists, in accordance with law, though about 2000 vacancies were available in different Surgencies.

This Court taking into consideration the fact that the posts of Pharmacists in different Surgencies were being manned by ad hoc arrangement and not filled up by regular appointment, vide order and direction dated 21st July'' 99, directed the Respondents to fill up the posts on regular basis, including those posts which are being manned by way of ad hoc arrangements for years together.

It further appears that the petitioners were appointed by ad hoc arrangement on 1st January, 1998 and for the said reason, the impugned order was issued on 1st September, 1999.

In the circumstances, I find no reason to interfere with the impugned order dated 1st September'' 99.

However, as I find that the Respondents have already issued Advertisement No. 1/99 in newspaper on 25th January, 2000 (vide Annexure-6), in terms with Court''s order passed in C.W.J.C. No. 4302/98, has taken steps to till up the post of Pharmacists on regular basis, give liberty to the petitioner to compete with others, if applied in pursuance of the said advertisement.

If the petitioner becomes over age, may ask for appropriate relaxation for the period, he actually performed duty under the State, in the matter of appointment. In such case, the authority will consider the case of the petitioner for regular appointment to the post of Pharmacists, in accordance with law. It is for the authorities to determine as to whether some weight age to be given to those who have already performed certain duties under the State. The writ petition stands disposed of with the aforesaid observations directions.