KESHAV PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This application was filed by the Petitioner initially for quashing of an order contained in letter dated 21.9.2004 issued by the Deputy Director, Secondary Education, Government of Bihar, contained in memo No. 1531, whereby he was directed to appear before the Respondent No. 3 with all connected documents relating to his appointment, so that genuineness of his appointment can be examined. During the pendency of the writ application, the inquiry regarding genuineness of Petitioner's appointment completed and order dated 6.3.2006 contained in memo No. 394 was issued by the Director, Secondary Education, Government of Bihar terminating the Petitioner from his service. The impugned orders have been challenged by the Petitioner on the ground that it is completely, unreasonable, illegal and discriminatory.

(3.) Initially, the Petitioner was appointed against leave vacancy on 7.9.1987 and worked on the post of clerk at Nationalised High School, Jamhara, for three months. Thereafter he was re-appointed against leave vacancy post and continued up to 30.6.1988. A notice was published relating to vacancies existing on Class-III posts in Koshi Division by Regional Deputy Director of Education, Saharsa on 6.1.1989. The Petitioner also applied for the post in response to this notice of vacancies. Petitioner was asked to appear for interview before the Divisional Establishment Committee vide memo No. 7572 dated 25.6.1989 and the interview was held on 17.7.1989. The Establishment Committee resolved to pass necessary orders relating to appointment of interviewed candidates in its next meeting but it was not done till 1991, as such Petitioner has to file C.W.J.C. No. 10387 of 1992 in the High Court for a direction to the Respondents to issue appointment letter in his favour. The writ application was disposed of with an observation that in the event there exists any vacancy and if the State thinks to fill up those vacancies, the case of the Petitioner shall be considered on its merit, alongwith other eligible candidates, in terms of aforementioned Rules i.e. Bihar National Secondary Education Rule, 1983*. The direction was also there to consider the case of the Petitioner sympathetically, giving relaxation of age. In the light of the observation/direction issued in the writ application the Regional Deputy Director of Education made a correspondence with the Director, Secondary Education regarding re-appointmnent of the Petitioner as a retrenched employee. The Director, Secondary Education, vide letter contained in memo No. 417 dated 29.6.1993, directed for re-appointment of the Petitioner, as a special case, against any available sanctioned vacancy in any of the offices of Human Resources Development Department or in any educational institution in the District. It was also specifically mentioned in this letter that the Petitioner's appointment will not be considered as a precedence and his previous service will not be counted for the continuity in service, and No. benefits accruing from the previous appointment will be available to the Petitioner. In the light of the direction of the Director, Primary Secondary Education, an appointment letter was issued in favour of the Petitioner and he joined in the office of Sub-Divisional Education Officer, Birpur, Supaul. The post on which the Petitioner joined was a sanctioned post and it was vacant.