PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These petitioners have challenged the order contained in letter issued by the under Secretary to the Government in the Water Resources Department dated 8 -12 -1992 (Annexure -7) addressed to the Financial Adviser -cum -Chief Accounts Officer, directing him to terminate the services of the petitioners with effect from 31 -12 -1992 after giving one month's notice on the ground that their appointments are alleged to have been found illegal.

(2.) It is relevant to state that the Water Resources Department is new name for the erstwhile Irrigation Department which comprised of Koshi Project Department/River Valley Project Department and other. The Water Resources Department as also its predecessor departments had three separate wings, namely Engineering. Accounts and Land Acquisition and Rehabilitation. Each of the three wings was under the Control of Head of the department who, for the Engineering Wing was the Chief Engineer, for the Accounts Wing the Financial -Adviser -cum -Chief Accounts Officer and for the Land Acquisition and Rehabilitation Wing the Director Land Acquisition and Rehabilitation. In so far as the Accounts Wing is concerned, the Financial Adviser cum Chief Accounts Officer had been declared to be the Head of Department as for back as on 26th April, 1958 and the same has been reiterated even on 4 -2 -1992.

(3.) On account of existing certain vacancies in the year 1989 within the sanctioned strength of Classes III and IV posts under the Financial Adviser -cum -Chief Accounts Officer of the Water Resources Department, an advertisement was published on 27 -5 -1989 inviting applications for inviting appointments to the post of Steno Typist, Typist, Store Verifier and Peon, all in classes III and IV of the State Government Service. The, advertisement was published with the approval of the Secretary to the Government in the Water Resources Department, while is evident from the letter of the then Financial Adviser -cum -Chief Accounts Officer dated 9 -3 -1989 and 14 -6 -1989.