The State of Bihar and Others vs Dharamshila Kuer and Another

Heard learned Counsel for the Appellants. We find that although this appeal has been preferred by the State of Bihar against the judgment and order dated 1.7.2002 in C.W.J.C. No. 5808 of 1997* whereby, in paragraph-53 of the judgment the writ court held that provisions of sub-paras (d) and (e) of para-1 of Part-I of the circular dated 9.8.2000 are void and inoperative, the Division Bench by its orders passed on various dates had granted time to the State to issue a revised circular in compliance of the direction of the Writ Court. Such orders clearly imply that there is no merit in this appeal. However, instead of dismissing the appeal at the threshold this Court had tried to monitor the matter so that after taking care to delete the invalid part of the circular a modified policy decision be issued by the State. In spite of taking adjournments the State have not been able to formulate any fresh policy decision and no modified circular has been issued.

In the facts of the case, we find no option but to record the assurance given by the learned Counsel for the State, on the basis of letter of the Government of Bihar, (Home Special Department) bearing No. 11748 dated 11th December, 2008 that as soon as policy decision is taken in the matter, a revised circular containing transparent and uniform rules will be issued without any delay. On such assurance this appeal is dismissed. It is made clear that the functionaries of the State of Bihar shall abide by the findings and declaration made by the writ court in para-graph-53 of the judgment under appeal.