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1984 Supreme(Pat) 64

P.S.MISHRA, S.SARWAR ALI
(Mrs) Rekha Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: M/s. Anil Shanker Prasad & Ranjit Narayan;
For the respondents: M/s. K.P. Verma, A.G. & Pawan Kumar.

JUDGMENT

P.S. MISHRA, J.

By this application under article 226 of the Constitution or India the petitioner has moved this Court for a writ in the nature of mandamus directing the respondent no. 4 to appoint her as a clerk in Darbhanga Collectorate.

2. Petitioner worked during the census from 1.9.81 to 28.2.82 as a Tabulator in the Regional Tabulation office, and was retrenched from the said post with effect from 1.3.82 under the orders of the Directorate of Census operations, Bihar Regional Tabulation Office, Darbhanga. On 7.4.82 a Circular was issued to all concerned by the Chief Secretary, Government of Bihar, on the subject of appointment of the retrenched employees of the Census operation stating that steps should be taken to appoint such retrenched employees in preference to others in accordance with their qualifications against the available vacancies. A copy of the said Circular is Annexure 2 to this application. Contents of this Circular were reiterated in a letter by the Commissioner, Darbhanga Division to all the departments within his division dated 18.8.82. This letter also mentions that despite a clear circular of the Government and the Government decision in this behalf



















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