NUTAN KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, State, Bihar State Social Welfare Board (hereinafter referred to as the Board).

(2.) PETITIONERS are the employees of the Board. They were appointed for successful execution of the scheme(s) entrusted to the Board. They are aggrieved by the order of the Commissioner -cum - Secretary of the Welfare Department contained in letter no. 1772 dated 9.8.2002, whereunder learned Secretary has communicated the direction of the State Government to terminate the services of the petitioners in the light of the report of the committee constituted by the State Government under notification No. 700 dated 9.6.2001. Petitioners are also aggrieved by the order of the Chairperson of the Board dated 1.10.2002/7.11.2002/25.11.2002, whereunder in compliance of the instruction of the State Government contained in letter dated 9.8.2002 their services have been terminated. They are further aggrieved by the order of the Incharge Officer of the Board dated 5.5.2003, whereunder placing reliance on the instructions of the State Government contained in letter dated 9.8.2002 their services have again been terminated.

(3.) COUNSEL for the State and the Board have opposed the submission made on behalf of the petitioners. It is submitted by them that having learnt about the made in connection with the appointment of the employees and other staff of the scheme and the Board the State Government constituted a committee to go into the validity of the appointments in the scheme and the Board under notification dated 9.6.2001 and in the light of the report of the committee direction dated 9.8.2002 at the behest of the State Government was issued by the Commissioner and Secretary of the Department to the Chairperson of the Board to terminate the services of 53 illegally recruited employees. The Chairperson of the Board has passed order dated 1.10.2002/7. 11.2002/25.11.2002 in compliance of the order of the State Government communicated through Commissioner and Secretary under letter dated 9.8.2002 for termination of the services of the petitioners, this Court should not interfere in the matter. In this connection, further reliance is placed on the order of the In -Charge Officer dated 5.5.2003, whereunder with reference to the direction of the State Government contained in letter dated 9.8.2002, fresh termination order has been issued in case of the petitioners.