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2024 Supreme(Pat) 1245

IN THE HIGH COURT OF JUDICATURE AT PATNA
K. VINOD CHANDRAN, CJ, RAJIV ROY
Avinash Kumar S/o Sanjay Kumar Srivasatva – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Y.V. Giri, Shrishti Singh, Ashish Giri, Pranav Kumar
For the Respondents: Nikesh Kumar, Praveen Kumar, Khurshid Alam, Shailendra Kumar Dwivedi, Vikas Kumar
For the Intervenor : Kumar Kishan, Avinash Raushan

Table of Content
1. challenge to weightage to contractual employees. (Para 1)
2. arguments for limiting weightage to fisheries extension officers. (Para 2 , 3)
3. legal precedence for granting weightage. (Para 4 , 6 , 10)
4. rules for contractual employee weightage. (Para 5 , 7 , 8)
5. importance of lawful process in appointments. (Para 9 , 11 , 12)
6. necessity of proper impleadment in writ petitions. (Para 13 , 14)
7. resolution ineffective against article 309 rules. (Para 15)
8. final decision: no interference with selection. (Para 16 , 17)

JUDGMENT :

K. VINOD CHANDRAN, CJ.

1. The petitioners in both the above writ petitions impugn the weightage granted to contractual employees in the Government and specifically asserts that as per Government resolution it could have been granted only to those persons who are continuing in the post of Fisheries Extension Officer. Two writ petitions were filed when the advertisement was issued in the year 2021. The selection had gone ahead and appointments have been made. In CWJC No. 2043 of 2021, the Government resolution regarding weightage to contractual employees, is relied on to argue a prohibition from conferring such weightage to other contractual em

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