RAMESHWAR PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing the orders as contained in Annexures 5, 6, 12 and 13. The petitioner further prays for a writ of mandamus directing the respondents 1 to 4 to treat him in service as a lower division clerk and to pass consequential orders.

(2.) The petitioner was appointed on the post of lower division clerk by the Director of Public Instruction Bihar in September, 1966 and was posted at 19 Bihar Battalion. N.C.C., Ranchi, under the control of the Education Department of the State. The appointment was scrutinised by the Central Selection Board which recommended for regularising the appointment of the petitioner. Accordingly, the D. P. I passed an order on 29-1-1969, as contained in Annexure 1. The inter se seniority of the clerks was determined on the basis of the recommendation by the Selection Board. After entertaining representations and objections of the individual candidates, a final gradation list (Annexure 2) of the lower division clerks in order of seniority was circulated on 14-7-1977. A formal order confirming the petitioner should have normally followed, but since the file dealing with his service record including his personal character roll was misplaced, the matter was deferred. The question was, however, not dropped and reminders were issued by the concerned authorities, as shown by Annexures 8 and 9, for confirmation of such officers who were left behind by oversight.

(3.) On 14-12-1978, the N. C. C. Directorate declared 38 lower division clerks including the petitioner as having become surplus. The relevant letter in this regard is Annexure 5 to this writ petition. A notice of termination of their services was served on them. This decision has been challenged as illegal. However, without formally determining his service, the petitioner was deputed on temporary basis in the Directorate of Adult Education, Bihar, which is also a part of the Education Department. The order in this regard dated 26-2-1979 is Annexure 6. The petitioner was relieved with effect from 8-3-1979 for joining Adult Education at Patehpur in Vaishali district (vide Annexure 7). Although the confirmation matter was taken up by the Directorate, N. C. C. in 1979, the petitioner was not confirmed.