THE STATE OF BIHAR Vs. KIRTI NARAYAN PRASAD

JUDGEMENT

(1.) Some of the appeals out of the aforesaid group of matters have been filed by the State of Bihar challenging the order of the High Court of Judicature at Patna, whereby the Division Bench has confirmed the order of the learned Single Judge directing reinstatement of the writ petitioners therein on their respective posts with all consequential benefits in terms of the order dated 6.10.2009 in CWJC No. 6575 of 2009 and analogous cases. In CWJC No. 6575 of 2009 and other connected matters, learned Single Judge while allowing writ petitions has directed reinstatement of thewrit petitioners therein from the date of their termination on the post, they were working with all consequential benefits. The Letter Patent Appeals filed by the State of Bihar challenging the said order have been dismissed by the Division Bench of the High Court holding that the writ petitioners have been working continuously for more than ten years without protection of any interim orders of the Court and Tribunal. It was further held that in view of the Constitution Bench judgment of this Court in Secretary, State of Karnataka and others v. Umadevi (3) and others, 2006 (4) SCC 1 and in State of Karnataka and others v. M.L. Kesari and others, 2010 (9) SCC 247, the termination order issued against the writ petitioners cannot be said to be legal. Accordingly, LPAs have been dismissed. These orders have also been challenged by the State of Bihar in this group of appeals.

(2.) In the other connected matters, the Division Bench of the Patna High Court has allowed the LPAs and the writ petitions filed by the petitioners therein have been dismissed holding their appointment as non est and void ab initio.

(3.) Since a common issue has been raised in all these appeals, they are disposed of by this common judgment.