VANSH NARAYAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging office order contained in memo no. 3198 dated 20.8.2004, by which the Managing Director of the Bihar State Co-operative Land Development Bank Limited (hereinafter referred to as 'the Bank' for the sake of brevity) rejected the claim of the petitioners for their regularization/absorption in the services of the Bank and removed them from their services as daily wagers. This writ petition has also been filed for directing respondent-authorities of the Bank to reinstate the petitioners with all service benefits and to consider their cases for regularization/absorption in view of order/judgment dated 16.1.2004 passed in LPA No. 710 of 1995 and for other ancillary reliefs.

(2.) Learned counsel for the petitioners stated that the aforesaid impugned order dated 20.8,2004 was passed against the eight petitioners and 28 others mainly on two grounds, namely, (i) their initial appointments were found to be illegal, and (ii) the weak financial condition of the institution, but both the aforesaid grounds are absolutely frivolous and misconceived and the petitioners have been removed only to punish them for approaching this Court earlier for the reliefs to which they were entitled, which would be apparent from the fact that before passing the impugned order dated 20.8.2004 respondent-authorities did not even care to serve a show cause notice upon the petitioners.

(3.) Learned counsel for the petitioners also submitted that the petitioners were appointed as per the exigency of work in the Bank as several new Branches of the Bank were opened in different parts of the State from 1976 to 1982. Since there was no specific statutory recruitment rules for appointment of Class-IV employees, on 8.1.1981 the Board of the Bank resolved to engage persons on ad-hoc/daily wage basis to meet the exigency of work in the Bank. It was further submitted that for the said purpose a Committee of Officers of the Bank was constituted, which appointed the petitioners after taking their interview and appointment letters were issued to them either by the Regional Manager or by the Managing Director of the Bank in different Branches as per the necessities.