MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY office order, dated 18.11.1997 issued by the Director, Secondary Education, 31 persons working on Class -Ill and Class -IV Posts in the different offices under the Regional Deputy Director of Education, Tirhut Division were removed from service on the ground that they were appointed illegally and irregularly. Petitioner No. 1 who, at that time, was working as Clerk in the Office of the District Superintendent of Education, Vaishali was at serial no. 17 in the list of the employees removed from service. Petitioner No. 2, who was working as Clerk in the Office of the Subdivisional Education Officer, Hajipur, was at serial No. 13 in that list. Petitioners 3 and 4 were at that time working as Orderlies. Petitioner No. 3 was in the office of Subdivisional Education Officer, Hajipur and he was at serial No. 29 and petitioner No. 4, who was in the Office of the District Superintendent of Education, Vaishali, was at serial No. 30 among the removed employees.

(2.) THE Office order, dated 18.11.1997 came under challenge before this Court in several writ petitions, filed in batches, by persons removed from service by that order. The writ petition filed by the present 4 petitioners was registered as C.W.J.C. No. 717 of 1998. By order, dated 27.08.1998 (Annexure-13), passed by this Court in that writ petition, the order of the Director, was quashed in respect of the four petitioners but it was left open to the concerned authorities 'to decide the matter afresh in accordance with law after due opportunity to the petitioners of hearing '.

(3.) BUT before proceeding to examine the case of the petitioners on merits, it would be appropriate to take note of another aspect of the matter on which considerable reliance has been placed by the petitioners in support of their case.