JAWAHAR LAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant Letters Patent Appeal, the appellants have assailed the order of the learned Single Judge dtd. 17/2/2020 passed in CWJC No. 22943 of 2018.

(2.) The appellants were appointed on ad hoc/temporary basis vide Anneuxre-2 dtd. 14/5/2005 to the writ petition CWJC No. 22943 of 2018. The then Bihar Intermediate Education Council Act, 1992 was repealed in the year 2007. On account of repealing, assets & liabilities of the then Bihar Intermediate Education Council Act were transmitted to Bihar School Examination Board. Such of those persons who were appointed on ad hoc or temporary basis their services were required to be absorbed in the light of Sec. 3(2) of the Bihar Intermediate Education Council Repeal Act, 2007 (for short "Repeal Act, 2007). To that effect three members' committee was constituted by the State Government on 2/7/2007. It is reliably learnt that committee is stated to have submitted its report on 9/4/2010.

(3.) Perused the report. Author of the report is Development Commissioner, State of Bihar, Patna. On the other hand, signature of two other members is not forthcoming. In this regard, we have perused the original file and find that one another member signature is forthcoming in the file noting. From perusal of the records, we find that there is no signature or approval of the committee report by the Chairman and two other Members (Full Corum). Therefore, any action taken pursuant to the committee report dtd. 27/4/2010 like termination of the appellants' services is illegal the aforementioned legal infirmity has not been taken note of by the learned Single Judge.