ASHWANI KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for respective parties.

(2.) The present Letters Patent Appeal is filed against the order of the learned Single Judge dtd. 31/7/2018 passed in C.W.J.C. No. 4224 of 2017.

(3.) Brief facts of the case are that in the Animal Husbandry Department the then Regional Director of Animal Husbandry stated to have appointed appellants and others in the year 1988 to 1989. The powers of appointment to Class III post in the Animal Husbandry was vested with the then Special Officer, vide decision of the Government dtd. 17/2/1962 and 30/4/1966 and it was in vogue till 20/4/1981. On 20/4/1981, the Bihar State Subordinate Service Selection Board (for short 'BSSSSB') was required to recruit staff of the department of the Animal Husbandry. Thereafter, State Government was competent to appoint such of those selected candidates through BSSSS Board. On the other hand, the then Regional Director of the Animal Husbandry Department or Special Officer, proceeded to appoint directly without subjecting candidates to BSSSSB and followed by order of appointment to be issued by the State Government. This lacuna was noticed by the State Government only in the year 1997. The State Government directed the then Regional Directors, Animal Husbandry to examine all such appointments and take necessary steps for cancellation of their appointments. In this backdrop among others, three appellants were initially appointed in the year 1988-1989. Their services were confirmed on 6/11/1991, 21/2/1992 and 21/2/1992 respectively, as is evident from the documents. Further it is noticed that they have been extended 1st A.C.P. benefit from the year 2001 and 2nd A.C.P. benefit with effect from 1/11/2009, 1/12/2009 and 1/11/2009 respectively. In this backdrop, concerned respondent proceeded to terminate the services of the appellants on 29/1/2016 on the sole ground that their initial appointment was made by a Special Officer who was not the Competent Authority to appoint them. Such action has been taken with reference to Full Bench decision of this court dtd. 25/11/2014 passed in C.W.J.C. No. 12904 of 1996 (Sri Sashibhushan Kumar) (For short 'Full Bench Decision'). Feeling aggrieved and dissatisfied with the order of the termination dtd. 29/1/2016, C.W.J.C. No. 4224 of 2017 was filed. Learned Single Judge rejected the petition while affirming the order of termination dtd. 29/1/2016. Hence, the present LPA.