TARKESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, Mr. Banwari Sharrna, learned Counsel appearing for the respondent Zila Parishad and learned Junior Counsel to Government Pleader No. IV for the State.

(2.) In the present writ petition, the petitioner has assailed the validity of the order dated 15th July, 2000, contained in Annexure 21, whereby and whereunder his initial appointment as Steno -Typist in Zila Parishad has been cancelled and his services have been terminated with further direction that his pension etc. shall not be payable by the Zila Parishad.

(3.) From the impugned order, it appears that the petitioner was initially appointed against the post of Steno -Typist on daily wages. Later, the appointment of the petitioner was made regular, vide resolution dated 2.1.1986, contained in Annexure 10, and consequential order was issued, vide Memo No. 40 dated 10.1.1986, contained in Annexure 11. It appears that the petitioner's service was also confirmed, vide order contained in Memo No. 633 dated 1.9.1990, contained in Annexure 13. The petitioner continued in the employment of Zila Parishad for almost 13 long years before the impugned order (Annexure 21) was issued on the ground that his initial appointment was made without advertisement and that the State Government had not accorded approval till date as was required as per the resolution for his appointment. It was also alleged that the roster clearance was also not obtained.