RENU KUMARI WIFE OF SHIV KUMAR RAI RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR , THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) We have heard Counsel for the Appellants and the State.

(2.) The present appeal arises from the order dated 17.4.2013 dismissing CWJC No. 4781 of 2010. The learned Single Judge held that the appointment of the Appellants being contractual in nature, any breach of the terms in ordering termination is not amenable to challenge before a Writ Court being a purely administrative matter. If so opined, the Appellants could move the Civil Court of competent jurisdiction for remedy under the common law.

(3.) Learned Counsel for the Appellants submits that they were appointed on 17.3.2008 and 13.11.2008 as Warden and Night Guard respectively on contractual basis in the Kasturba Gandhi Residential Girls School established under the Sarva Shiksha Abhiyan. The contract was for one year renewable in nature. It was renewed on 1.7.2009. During pendency of the renewed tenure they were terminated on 7.11.2009 under orders passed by the District Superintendent of Education cum District Programme Coordinator, Bihar Education Project, Samastipur. It stated that despite warning they had not mended their ways. Certain named officials in writing had made adverse observations against their duties and activities. The order to their prejudice, casting aspersions and stigmatic was passed in violation of principles of natural justice without any opportunity to show cause and defend. It cast a slur on the character of the appellants.