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Judgment
Both the appeals arise out of a common order dated 20th
January, 2014, passed by the learned single Judge, who after hearing
the parties decided to dismiss the writ applications primarily on the
ground that for the same said relief for appointment on the posts, in
what is known as Rai Bahadur Tunki Shah Government
Homeopathic Medical College and Hospital, established in
Muzaffarpur, has already been adjudicated not once but twice right
up-till the Hon''ble Apex Court which refused to grant any relief in
the previous rounds of litigations. The learned single Judge could not
ignore or override or re-interpret those orders to find a via media to
grant relief to these appellants. The learned single Judge has
observed as under:
"Learned counsel for the petitioners is not in a position to show that any persons appointed on or after 29.1.1981 was taken over by the State Government. Those persons 33 and 81 in number were appointed before 29.1.1981 which was recognized by the Division Bench and there was dispute in between two classes of the same group. As the Government was creating dispute which the Court has refused to accept the stand of the Government.
This Court is not inclined to accept the plea of the petitioners as they have already tested their cases up-to Hon''ble Supreme Court. Now this Court cannot reopen the issue which has been dealt with and settled in the judgment passed by this Court and Hon''ble Supreme Court.
Learned counsel for the petitioner submits that in view of the observation given by the Hon''ble Supreme Court their cases ought to have been considered by the Government and has placed reliance on the order dated 2.3.2012 passed in C.W.J.C. No.12742 of 2011.
It is a fact that the petitioners have already crossed the age of 50 and they have never approached the Hon''ble Supreme Court making a grievance that the Government has not followed by the observation of that Court. However, if any fresh appointment is made their cases would be considered but this Court is not given any opinion or direction or any observation that it will be treated that they would be appointed by the Government subject to suitability to the post."
After having heard learned counsel for the appellants,
we are not impressed by the line of argument being pressed now that
there is infirmity in the order of the learned single Judge in
dismissing the writ application and not allowing relief.
The Court is of the opinion that via media are being
sought to be found to overcome the binding effect of the earlier
adjudications made by the High Court and affirmed by the Hon''ble
Supreme Court.
Both the appeals, therefore, deserve to be dismissed as
they are totally devoid of merit.