STATE OF BIHAR Vs. ANIL KUMAR VERMA

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the Judgment passed on 6.10.2009 by the learned Single Judge in C.W.J.C. No. 3867 of 2009, by which the learned Single Judge has set aside the termination order relying on the case of Secretary, State of Karnataka V/s. Uma Devi, 2006 2 PLJR(SC) 363, and considered by the Apex Court in the case of State of Karnataka V/s. M.L. Kesari, 2010 9 SCC 247 in paragraph 11 of the Judgment. The Apex Court has observed as follows:

(2.) In view of the above law laid down, the order of termination of the petitioner is illegal. Admittedly, the petitioner has completed more than ten years of his service, and has completed about 21 years of service as against the vacant post, appointed by the competent authority and was paid salary and was also given promotion after regularization of service and confirmation. His appointment cannot be said to be illegal, which differs from irregular appointment. The appointment of the petitioner also cannot be said to be irregular and as per law laid down in Uma Devi case in para 53* and M.L. Keshri's case, the petitioner was fully entitled for regularization of his service, therefore, his termination is bad in law.

(3.) The learned Single Judge has rightly allowed the writ petition and set aside the termination order. The petitioner shall be reinstated forthwith and salary shall be paid month to month regularly and arrears of salary shall be paid within four months. We fully agree with the Judgment of the learned Single Judge for the reasons recorded above. The appeal is devoid of merit.