The court emphasized the necessity to respect procedural fairness in employment decisions when positions cease to exist, allowing amendments for redressing rights of petitioners.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

4 22-01-2026 Re. I.A no.1 of 2018 (6415/2018)

The instant application has been filed for amendment in the prayer portion of the writ application and for adding the following prayer :-

“i. Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the order dated 02/08/2018 bearing memo no.5922 issued by the concerned authorities under the Labour Resources Department (Labour Wing) of the State Government, by which in view of the fact that the posts of Social Organisers under the said Department have ceased to exist, it has been decided that work attached to the post of clerks at Mofassil offices within the State of Bihar be taken from the persons who had been appointed against the posts of Social Organisers in the services of the Labour Resources Department of the State Government on the basis of their selection pursuant to the recommendation made by the Bihar Staff Selection Commission, Patna in furtherance of the process of selection following advertisement no. 110/2010;

ii. Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to refrain from acting in furtherance of the decision as contained under the aforesaid order dated 02/08/2018 bearing memo no. 5922 issued by the concerned authorities under the Labour Resources Department (Labour Wing) of the State Government:”

2. Having heard learned counsel for the parties and having gone through the contents of the petition, the prayer made in the instant application is allowed.

3. I.A no.1 of 2018 (6415/2018) stands disposed of.

Re: I.A no.2 of 2022.

4. The instant application has been filed for amendment in the prayer portion of the writ application and for adding the following prayer :-

“(i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to take steps towards returning the services of the petitioners to the Bihar Staff Selection Commission, Patna (hereinafter referred to as "the Commission") for the purposes of making fresh recommendations in favour of the petitioners for their appointment in the services of the State Government on the basis of their performance in the competitive examination conducted by the Commission pursuant to advertisement no.

110/2010;

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Commission to take steps towards making fresh recommendations in favour of the present petitioners for their appointment in the services of the State Government on the basis of their performance in the competitive examination conducted by the Commission pursuant to the aforesaid advertisement no.110/2010 in the services of the State Government in view of the fact that the posts of Social Organizers under the Labour Resources Department of the State Government have ceased to exist and has also been declared as a dying cadre resulting into extreme detriments to the petitioners in so far as their career progression and other career prospects are concerned;

(iii) Issuance of a declaration holding that in view of the fact that the posts of Social Organizers had ceased to exist in reality under the Labour Resources Department of the State Government at the time of recommendation of the names of the petitioner for appointment against the said posts, the petitioners are entitled for their names to be recommended for appointment against posts in supervisory cadre in the services of the State Government in an appropriate scale of pay on the basis of their performance in the competitive examination conducted by the Commission pursuant to the aforesaid advertisement no. 110/2010;

(iv)