BINAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The long story needs to be cut short in view of the subsequent development and the order passed by the Hon'ble Supreme Court which has been brought to the notice of this Court. The order of Hon'ble Supreme Court passed in Civil Appeal No. 6297 of 2003 (Abhay Kumar Pandey v. The State of Bihar and Ors.) is dated 8th of August, 2003 and has a bearing on the claim made by the present Petitioner.

(2.) Petitioner has been terminated from service vide order dated 2.5.2001 contained in Annexure-11. This was not the first order of termination passed against the Petitioner and some similarly situated employees because there is indication to show that a kind of flip-flop policy was adopted by the Respondent State with regard to some of the appointments which came to be made in different circles by the Department of PHED, Government of Bihar. Petitioner was initially appointed in the year 1988. His service alongwith the services of others came to be terminated because in the opinion of the Government such appointments made after 1.1.1988, stated to be cut-off date was illegal and had to be terminated. That order of termination was unilaterally passed. The order dated 13.4.1989 is Annexure-3 to the writ application.

(3.) The Government reconsidered the matter and issued yet another circular to take back all the terminated employees against the vacant sanctioned post. Annexure-4 indicates the position. Petitioner alongwith seven others came, to be taken back in service and he was confirmed in service with effect from 1.4.91 as would be evident from notification dated 31.12.1996 contained in Annexure-7 to the writ application.