SHAILENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this writ application, the petitioners have prayed for issuance of a writ of certiorari for quashing Annex. 1 dated 29th Dec, 1981, issued by respondent No. 3, the Executive Engineer, Sone Canal Division, Bikramganj, distriqt Rohtas, by which the petitioners have been removed from their services.

(2.) THE facts of the case, briefly stated, are as follows :

(3.) THE respondents in their counter -affidavit have stated that the petitioners have been removed from their services as their appointments were irregular. According to the respondents, their appointments were against the Government letter No. 14094 dated 25 -7 -1975 which had put a bar on the appointments of Muster Roll staff and there was a clear instruction that, if any hand was needed, it should be filled up from amongst extra hands already working. The respondents have further stated that the petitioners had filed a Title Suit bearing No. 1 of 1982 which was pending disposal in the Court of the 1st Munsif, Sasaram, and the prayer made by the petitioners for temporary injunction was rejected on 27 -2 -1982 and only thereafter the petitioners have filed the instant writ case. The respondents have further stated that, though the petitioners in their Title Suit had filed a petition for withdrawal of the suit but no order for withdrawal has been passed. Thus, the main stand taken by the respondents is that the petitioners appointment being irregular, the order of removal did not suffer from any infirmity.