The State Government's Litigation Policy mandates granting similar benefits to all identically situated persons.

Rajendra Menon, J.

1. The matter has been placed before this Full Bench in view of an order passed on 22.2.2008 by a Division Bench of this Court in L.P.A. No.1028 of 2007. Before adverting to take note of the reference made and before considering the question involved in the matter, we may take note of certain factual aspects which have relevancy with regard to the issue in question.

2. In the District in question, namely, Begusarai, the Education Department through the District Education Officer, conducted certain recruitment process based on a Circular issued by the State Government on 3.12.1980. Names were called for from the Employment Exchange and for filling up certain vacancies that were available in the District in question on the post of Clerk, the District Education Officer conducted the process of recruitment after requisitioning names from the Employment Exchange and in the year 1990 i.e. on 9.3.1990 made appointments to the post in question. In L.P.A. No.1028 of 2007, the appellant therein Shri Amarish Kumar Singh was appointed on 9.3.1990 and in L.P.A. No.1509 of 2009 the respondent Surendra Prasad Mahto was appointed on 29th of August, 1989. Apart from these two persons, 28 other persons were also appointed in similar fashion on various dates. After these appointments were effected, in the year 2001 the State Government issued instructions to the departmental authorities that these appointments are not in accordance with the requirement of law and, therefore, all these appointments should be cancelled. Consequently thereof, in the year 2000 and 2001, all the thirty persons were terminated, as instructed by the State Government. However, it may be taken note of that much before such termination was brought into effect, the services of all the 30 persons were regularized by the competent authority. Resultantly, writ petitions were filed before this Court by all the thirty employees and records indicate that after hearing all concerned, the different Benches of this Court allowed the writ petitions and directed for reinstatement of the employees with consequential benefits. The following writ petitions were allowed by this Court namely, C.W.J.C. Nos.1986/2001, 7206/2000, 7511/2000, 11081/2000, 11120/2000, 11399/2000, 11407/2000, 11489/2000, 11511/2000, 11529/2000, 11650/2000, 11853/2000, 11908/2000, 11930/2000, 11933/2000, 11962/2000, 12129/2000, 12369/2000, 12940/2000, 13180/2000, 2045/2001, 2289/2001, 4628/2008 and 6125/2007.

3. Challenging the aforesaid orders passed in the writ petitions, L.P.A’s. were filed by the State Government and a Division Bench of this Court on 21.4.2011, dismissed the following L.P.A’s. namely L.P.A. Nos.1471/2009, 1248/2009, 1486/2009, 1493/2009, 1495/2009, 1515/2009, 134/2010, 1308/2009, 1338/2009, 1437/2009, 1455/2009, 1460/2009, 1463/2009, 1456/2009, 1354/2009 and 1360/2009, filed by the State Government and it is an admitted position that after the L.P.A’s. were dismissed by the Division Bench on 21.4.2011, as a consequence thereof all these persons have been taken back in service and are still working.

4. We are informed today that out of thirty persons who were so dealt with in identical fashion, twenty-eight have been taken back in service and are working and orders with regard to some of them have been produced before us which is dated 19.8.2011 issued by the Directorate of Secondary Education, Government of Bihar, which goes to show that twenty-eight persons, as detailed in the said letter and order, have been taken back in service by virtue of the orders passed by this Court in the writ petitions and L.P.A’s. as are indicated hereinabove.

5. However, in L.P.A. No.1509 of 2009, the State Government again challenges the order passed by the learned Writ Court even though L.P.A’s. filed by the State Government being L.P.A. No.1471 of 2009 (State of Bihar vs. Md. Sham Shad) and various other appeals have already been dismissed as indicated hereinabove on 21.4.2011. Likewise