RAM KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the impugned judgment dated 25.03.2019 passed by learned Single Judge in CWJC No. 17154 of 2017 by which and whereunder he dismissed the above stated writ petition filed on behalf of appellant-writ petitioner.

(2.) Briefly stated fact of the case is that appellant-writ petitioner filed above stated CWJC No. 17154 of 2017 for setting aside the order bearing Memo No. 1022 dated 12.06.2002 as contained in Annexure-6 to the writ petition by which the appellant-writ petitioner was terminated from the service with effect from 12.06.2002 and also for setting aside the order dated 20.09.2006 as contained in Annexure-8 to the writ petition by which the representation of the appellant-writ petitioner was rejected and furthermore, for issuance of direction to respondents to reinstate the appellant-writ petitioner in service with full back wages and other benefits from the date of his termination with interest and cost.

(3.) The case of the appellant-writ petitioner is that he was appointed as a clerk in full scale of pay by the then Regional Deputy Director of Education, Tirhut Division, Muzaffarpur on temporary basis from 01.02.1988 to 15.03.1988 (perhaps wrongly written in writ petition as 01.02.1968) in the office of District Superintendent of Education, Sitamarhi. However, later on from time to time his service was extended up to 30.06.1988 and after 30.06.1988, his service was not extended. However, the appellant- writ petitioner was re-appointed on provisional basis by the District Education Officer, Sitamarhi on 13.02.1989 on a sanctioned post as a measure of stop gap arrangement in full scale of pay. The appellant-writ petitioner took accounts training and passed Hindi Noting and Drafting examination. His transfer was also made but subsequently, Regional Deputy Director, Education, Tirhut Division, Muzaffarpur enquired the appointment process of the appellant-writ petitioner and issued show cause to him regarding his appointment and continuation in service and having heard the appellant-writ petitioner passed the order of his termination from service stating that his initial appointment was illegal and also directed for recovery of entire salary paid to appellant-writ petitioner vide order dated 12.06.2002. However, the appellant-writ petitioner challenged the order of his termination and recovery of salary by filing CWJC No. 9256 of 2002 before this court and a learned Single Judge of this court vide order dated 22.06.2006 quashed the order of recovery of salary but did not interfere into the order of termination and remanded the matter to Regional Deputy Director of Education, Tirhut Division, Muzaffarpur to reconsider the matter in the light of decisions rendered by this court as well as Hon'ble Apex Court on the points involved in the writ petition. The appellant-writ petitioner filed representation before the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur which was rejected by Regional Deputy Director of Education, Tirhut Division, Muzaffarpur vide order dated 20.09.2006. Thereafter, the appellant-writ petitioner preferred CWJC No. 17154 of 2017 on 21.11.2017 for setting aside his termination order as well as for setting aside the order dated 20.09.2006 passed by competent authority on his representation and also for issuance of direction to reinstate him in service with full back wages and other benefits from the date of his termination with interest and cost.