SHIBANI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 21.6.2002 (Annexure -12) whereby the service of the petitioner has been terminated with effect from 22.6.2002.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the respondent Bihar State Electronic Development Corporation (hereinafter referred to as the Corporation) issued advertisement inviting applications for appointment to various posts including the post of Receptionist -cum -Telephone Operator. The said advertisement was published in the daily newspaper Times of India in its issue dated 4.8.87. Petitioner offered her candidature and appeared before a selection committee consisting of Sri S.K.Ghosh, Chief of Bureau of Public Enterprises, Sri R.S. Choudhary of Government Polytechnic and two other members which was headed by the then Managing Director of the Corporation Sri S.N. Dubey. On the recommendation of the selection committee by order dated 13.11.87 petitioner was appointed as Receptionist -cum -Telephone Operator temporarily. Petitioner in pursuance of the aforesaid order joined the service of the respondent -Corporation as Receptionist -cum -Telephone Operator and was given all the benefits admissible to an employee of the Corporation. However, all of a sudden by the impugned order dated 21.6.2002 the service of the petitioner has been terminated on the purported ground of the same being irregular.

(3.) IT has been stated in the counter affidavit that in the year 1986. a proposal for organisational restructuring at the Corporation headquarter and its two subsidiaries was considered by the Bureau of Public Enterprises and after the approval of the Bureau the State Government by its letter dated 29.12.86 informed to the Corporation about its approval to the sanction of 333 posts but it did not sanction the post of Receptionist -cum -Telephone Operator. Respondent -Corporation finding that although two posts of Receptionist -cum - Telephone Operator were sanctioned for two subsidiaries Company in which incumbents are already working from before requested for sanction of the post of Receptionist -cum -Telephone Operator but its stand is that despite several reminders the State Government did not pass any order sanctioning the post.