MD PARWEZ AKHTAR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 14.8.2006 as affirmed on 14.10.2011 removing him from service and declining regularisation.

(2.) Learned Counsel for the petitioner submits that he was appointed as a Lower Division Clerk on 3.12.1994. Though it was for a duration of three months only it was extended at regular intervals and ultimately regularized on 29.12.1995. After regularisation termination could not have been done in the present manner and that too after 12 long years of service. This Court in CWJC No. 11776 of 2006, of a similar nature, did not approve of termination after 11 long years of service on the ground of any alleged illegality/irregularity in service. In (State of Karnataka Vs. M. L. Kesari, 2010 9 SCC 247) directions have been given for regularisation of such persons.

(3.) It was alternately contended that if the petitioner was an illegal/irregular appointee and relief has to be denied on that ground, those who illegally inducted him in to service must equally be made answerable as held in (Delhi Development Authority Vs. Skeeper Construction and anr., 1996 AIR(SC) 715) as also in CWJC no. 6078 of 2009 (Hem Chandra Jha Vs.State of Bihar).