ASHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) A show cause notice was issued to the petitioner on 19.11.1998 questioning the validity of her appointment on the post of Laboratory Assistant by the Regional Director of the Animal Husbandry Department, Magadh Range at Gaya on 14.12.1989. The petitioner replied to the same stating that the issues of competence to make appointment can only be answered by the Regional Director himself as no officer can make appointments without authority. She further stated that her appointment came to be made in pursuance of a notice placed on the notice board after interview along with others and came to be regularized only after the recommendation of a selection committee. Learned Counsel places strong reliance on Annexures-12 and 13 to the supplementary affidavit of the petitioner dated 17.3.2010 that certain others appointed along with her are being retained in service and whose letters of appointment were couched in similar language. He further relies upon a decision of this Court in C.W.J.C. No. 1998/2000 with regard to appointments made by the Regional Director of the Animal Husbandry Department, Magadh Range at Gaya on Class-3 posts to which the petitioner belongs, prior to the cut-off date of 21.2.1992.

(3.) Learned Counsel for the State contends that the appointment of the petitioner was without any procedures. Moreover, the post of a Laboratory Assistant was a State cadre post on which the Regional Director was not competent to make appointments and no authority for the same had been given to him. This has been stated in a supplementary counter affidavit served on the petitioner on 30.9.2005. The Director, Animal Husbandry was the authority alone competent to make such appointments of the State Cadre Posts and that too after obtaining recommendation of the Bihar State Subordinate Service Selection Board or the Bihar Public Service Commission, as the case may be. The power to make appointments on Class-3 posts given to the Regional Director was only with regard to ministerial post that of Milk Recorder/and Store-keeper, but not that of a Laboratory Assistant.