SANAT KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the Petitioners and the counsel appearing for the State.

(2.) There are four Petitioners in CWJC No. 1504 of 2005 and nine Petitioners in CWJC No. 3480 of 2005. Ail these Petitioners have challenged the order contained in notification No. 860(s) dated 11.3.2005, issued under the signature of the Deputy Secretary, Road Construction Department, Government of Bihar, whereby Petitioners have been terminated from their post, on which they were earlier appointed in the year 1989. The termination order has been challenged by the Petitioners on the ground that their appointment, made as per the Government's own decision, and notification relaxing the rules, just in order to absorb services of all those Junior Engineers, who were earlier appointed on ad hoc basis, could not have been terminated subsequently on the ground that without following the rule and procedure for regular appointment, their appointments have been made. Another ground, which has been taken by the Petitioners for challenging the impugned order is that in a similar circumstance, termination order of one Vijay Kumar Singh has been quashed by the Court by order dated 7.12.1993 passed in CWJC No. 6901 Of 2002 (S/o-1992 ?).

(3.) Facts of the case so far Petitioners in both the writ applications are similar, except a minor distinction so far the case of Petitioners in CWJC No. 3480 of 2005 is concerned. All these Petitioners were diploma holders and duly qualified, for being appointed on the post of Junior Engineers. Initially the State Government advertised the post of Junior Engineers and also invited applications through the Employment Exchange for filling up the posts of Junior Engineers on daily wages basis in the different districts of State of Bihar. Petitioners also applied against the post of Junior Engineers in pursuance of the advertisement. The Selection Committee recommended Petitioners' name for their appointment on daily wages on the post of Junior Engineers. By different orders appointment letters were issued in favour of the Petitioners by the District Magistrate. Subsequently, the State Government took a decision to regularize the service of daily wages Junior Engineers, having qualification of diploma in Civil Engineering. The Deputy Development Commissioner were also directed not to terminate the service of the daily wages Junior Engineers but on account of some question being raised on the floor of Legislative Assembly an assurance was given by the Chief Minister that the cadre posts will be created and the Junior Engineers working in NREP Scheme will be appointed on regular basis as per their qualification. Thereafter, the State Government took a policy decision to appoint Junior Engineers on ad hoc basis for six months in pay scale of Rs. 785-1,210/-, Vide Office order No. 34 dated 5.2.1987 the Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar. On completion of six months, services of all such Junior Engineers were terminated. In the meanwhile some of the Junior Engineers appointed on ad-hoc basis were appointed on regular basis under the services of the State of Bihar but 80 Junior Engineers were left. As per the resolution of the Department of Personnel and Administrative Reforms, criteria had been fixed relating to regular appointment of direct recruits to the post of Junior Engineers. Clause 3(ka) of this resolution provided that all direct recruitment of Junior Engineers will be made by the Head of the Department appointing authority on the basis of recommendation of the Bihar Public Service Commission. Since a large number of Junior Engineers earlier working on daily wages basis were continuing in Road Construction Department as well as in other Department of the State, as such it was taken as a policy decision to regularize services of such Junior Engineers. The State Government took up the case of regularization vide notification No. 839 dated 15.12.1989 issued by Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department and it was decided to appoint the Junior Engineers on regular basis after relaxation of Rule 3(ka). As per this Rule 3(ka) only on the basis of the recommendation of the Bihar Public Service Commission direct regular appointment could have been made. The decision regarding relaxation of the rule was approved by the Chief Minister as well as by the Cabinet. The Junior Engineers who could not get their appointments in other Departments on regular basis, their cases were taken up. The number of such Junior Engineers was initially 80. It was subsequently reduced to 54 and out of those 54, firstly 44 cases were taken in a batch and subsequently cases of 14 Junior Engineers were taken for appointment without the recommendation of the Bihar Public Service Commission. They were appointed as per the relaxed rule.