MD SHAMIM ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was appointed in 1976 as a driver in the Bihar State Sugar Development Corporation. He was working there when the Corporation (like many other Corporations and Boards in this State) started going down the hill. By and by its financial position became from bad to worse and at one stage the Corporation was not even able to pay salary to its employees. In those circumstances, an idea appears to have been mooted to send out the employees of the Corporation on deputation to different Government departments.

(2.) ACCORDING to the petitioner in June, 1999 he too made a request for being sent out on deputation. At that time a request was received in the Corporation from the Relief & Rehabilitation Department, Government of Bihar asking for employees on deputation to work on certain posts, including the post of driver. The Corporaton forwarded the names of the petitioner (for the post of driver) and another employee, namely, Barkatullah Khan for the post of peon. Thereupon the Deputy Secretary to the Government in the Department of Relief & Rehabilitation issued an office order under his memo no. 1651, dated 16.8.99 (Annexure 2) posting the petitioner and Barkatullah Khan on deputation, till further orders, as driver and peon respectively.

(3.) THIS writ petition has been filed challenging the office order, dated 15.3.2000 in so far as it terminates the petitioner 'sdeputation and sends him back to the Corporation.