YOGENDRA MALLIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, the State and the counsel for the Bihar State Agriculture Marketing Board (Dissolved) (hereinafter referred to as the Board).

(2.) Petitioners in all the writ application(s) were engaged from time to time to serve the Board/Market Committee/Bazar Samiti constituted under the Bihar Agriculture Produce Market Act, 1960. They continued in the employment of the Board/Market Committee/Bazar Samiti on the date of repeal of the Bihar Agriculture Produce Market Act, 1960 under the provisions of the Bihar Agriculture Produce Market (Repeal) Act, 2006 (hereinafter referred to as the Repealing Act). After enactment of the Repealing Act the services of the Petitioners have been terminated by the Board/Market Committee/Bazar Samiti either on its own or in compliance of the general direction of the Administrator of the Board issued under letter dated 12.2.2007, Annexure-6 in C.W.J.C. No. 12670 of 2010.

(3.) Petitioners have questioned the termination order dated 13, 16.10.2006, 12, 20, 26.2.2007, 14, 20.3.2007, 4.4.2007 by filing the present batch of writ applications. The ground of challenge raised in support of the petition(s) is that the termination order is violative of Section 6 of the Repealing Act, which provides for absorption of officers and employees of the Board/Market Committee/Bazar Samiti serving the Board on the date of enactment of the Repealing Act. It is submitted with reference to Sub-section (ii) of Section 6 of the Repealing Act that the State Government is obliged to constitute a committee consisting of three secretaries, who shall prepare detailed scheme of absorption and other service conditions of officers and employees of the Board/Market Committee/Bazar Samiti serving the Board/ Market Committee/Bazar Samiti on the date of enactment of the Repealing Act and without there being any consideration of the case of the Petitioners for absorption by the committee of three secretaries in terms of Sub-section (ii) of Section 6 of the Repealing Act, the Administrator of the Board, the Market Secretary of the Market Committee/Bazar Samiti issued orders for termination of the services of the Petitioners which is in teeth of the provisions contained in Sub-section (ii), (iv) of Section 6 of the Repealing Act.