The main legal point established in the judgment is that the circular debarring deputation from Corporations/Boards did not cover employees deputed for absorption due to surplus staff or sick parent organizations.

Shashank Kumar Singh, J.

1. Both the writ applications were heard together and as the same and similar points arise in them and the same reliefs have been prayed for, as such, with the consent of the Counsel for the parties both are being disposed of by a common order.

2. C.W.J.C. No. 7910 of 2002 has been preferred for quashing the Letter No. 5376 dated 9-7-2002, issued by the Additional Commissioner, (Resources) Department of Finance, Bihar, as contained in Annexure-7 so Tar it relates to the petitioners, by which he has directed the District Magistrate to cancel all deputations done after 16-11-1999. A further prayer has been made that District Magistrate, Mungei be restrained from issuing any cancellation letter of deputation/joining of the petitioners in compliance of the aforesaid-direction.

3. Contention on behalf of the petitioners is that petitioners were appointed as Class-Ill employee in different years in Bihar State Pharmaceutical and Chemical Development Corporation Ltd., Bihar State Food and Civil Supplies Corporations and Bihar State Textiles Corporation, which are established and controlled by the Bureau of Public Enterprises (Finance Department), Bihar. Petitioners were discharging their duties satisfactorily in the place of their appointment/deputation.

4. It has further been contended that pursuant to the policy decision of the State Government to depute/absorb Class-III employees of the Corporation/Enterprises established under Bureau of Public Enterprises against the vacant post of treasury, as such, Department of Finance issued letter being Letter No. 6749 dated 7-10-1999 under the signature of the Finance Commissioner, Bihar addressed to all the District Magistrate/Deputy Commissioners wherein terms and conditions, eligibility criteria, procedure regarding payment of salary and selection were laid down. The aforesaid letter further went to say that earlier in the treasury, employees from the directorate of treasury were being deputed at the level of Finance Department but since the directorate of treasury now stood dissolved, therefore, the concerned District Magistrate have been made, controlling officer of the concerned treasury and accordingly, the power of deputation after selection of the employee of the Corporation is vested in the respective District Magistrates. The notification clearly envisages for a deputation of employees of the corporation established under the Bureau of Public Enterprises in the treasury. The aforesaid letter which is appended as Annexure-1 is quite clear and specific.

5. Further contention on behalf of the petitioners is that the District Magistrate, Munger after receipt of Annexure-1 issued a letter dated 27-11-2000 to all concerned corporation established under the Bureau of Public Enterprises to send names of eligible employees have prescribed qualification as per the directive, in the aforesaid letter, as contained in Annexure-1. Accordingly, the concerned corporation sent the list of such eligible persons having prescribed qualification to the District Magistrate, Munger. Thereafter, a Selection Committee was constituted under the chairmanship of the District Magistrate, Munger having the Director, District Rural Development Authority, Treasury Officer and Deputy Collector Establishment, Munger as its member. The aforesaid committee in its deliberation dated 24-5-2001 determined the selection procedure for selection of suitable candidates and was decided in the aforesaid meeting that those applicants who fulfil the eligibility conditions as laid down in Letter No. 6749 dated 7-10-1999 of the Finance Department shall only be called for the interview. Thereafter, interview letters were issued to the eligible candidates to appear on the date fixed as per the said letter.

6. The petitioners also received interview letters dated 1-6-2001 whereby they have been directed to appear on 27-6-2001 at 9.00 a.m. in interview alongwith requisite Documents. One of such lett