PRADEEP NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the State. The petitioner prays for quashing of memo No. 785 dated 27.4.2011 issued by the Director, Land Acquisition and Rehabilitation, Water Resources Department, respondent No. 2, by which he has rejected the representation of the petitioner dated 15.3.2010 against the order of his termination. The petitioner also prays for regularization and reinstatement in service.

(2.) The facts of the case in brief are that initially the petitioner was appointed on 7.1.1982 on ad hoc basis for six months as Chainman by the Special Land Acquisition Officer, Kosi Yojna, Darbhanga. His appointment was further extended on different dates by the Director, Land Acquisition and Rehabilitation. Thereafter, the Departmental Establishment Committee in its meeting dated 24.9.1988 and 29.11.1988 decided to consider the case of promotion of 171 Class-IV employees. The cases of petitioner and others were considered and all the 171 employees figuring in Annexure-2, were promoted as Class-III employees vide different notifications. The petitioner was promoted as Typist in the pay scale of Rs. 580-860/- and was posted at Darbhanga vide memo No. 87(Ga) dated 20.12.1988. On 22.5.1993, a gradation list of Class-III employees was published by the Director, Land Acquisition in which the name of the petitioner figured at Sl. No. 187. It is the case of the petitioner that he worked continuously without break.

(3.) It appears that on receipt of complaint, the Land Acquisition Officer began to examine the cases of irregular and illegal appointments. On 17.1.2003, the Petitioner alongwith other employees were served with show cause notice and in pursuance thereof, the petitioner submitted his reply on 28.1.2003. A second show cause notice was issued to the petitioner on 12.7.2003 by the Director, Land Acquisition without meeting the earlier show cause reply dated 28.1.2003. The Director, Land Acquisition by order dated 7.10.2003 terminated the services of the petitioner. Being aggrieved, the petitioner filed C.W.J.C. No. 13642 of 2003. A learned Single Judge by order dated 16.8.2004 stayed the operation of the termination order dated 7.10.2003 and the matter was directed to be placed after disposal of C.W.J.C. No. 1242 of 2003. The said case namely C.W.J.C. No. 1242 of 2003 (Pramod Narayan Singh vs. State of Bihar & Ors.) was dismissed as infructuous. The petitioner's case namely C.W.J.C. No. 13642 of 2003 which was heard alongwith C.W.J.C. No. 1956 of 2003 and other analogous cases too was dismissed as withdrawn by order dated 11.1.2010 (Annexure-13) with liberty to pursue internal remedy. The petitioner has contended that the case of Pramod Narayan Singh was not on similar footing as that of his case as the former was appointed by the Senior Land Acquisition Officer on 26.12.1986 when he was no longer authorized to make appointment.