BHUPENDRA KUMAR DUBEY Vs. STATE

JUDGEMENT

(1.) PETITIONERS who were appointed as Amin in the Directorate of Land Acquisition and Rehabilitation, Water Resources Department, Govt. of Bihar, Patna have filed this writ petition questioning their termination made under order dated 14.1.2003 and 26.12.2002 Annexures -1 and 2 on the ground that the termination order is per se bad as the same has been made after a period of fourteen years of employment and in support of their claim they rely on the order of the Hon ble Supreme Court in the case of Abhay Kumar Pandey, Civil Appeal No. 6297 of 2003, Annexure -15 whereunder Hon ble Supreme Court reinstated the said Abhay Kumar Pandey in the service of the State of Bihar on the ground that it was not proper to terminate him after he continued in service for over nine years. On the other hand, learned State Counsel, Sri A.K. Singh, S.C. 3, with reference to his counter -affidavit and the orders of Division Bench of this Court dated 29.1.2003, Annexure -F has submitted that persons engaged in the Water Resources Department without following the provisions contained in Article 16 of the Constitution of India were terminated after more than 10. to 14 years of service and this court under the aforesaid orders dated 29.1.03 has affirmed their termination against which matter is pending in Supreme Court vide Special Leave to Appeal (Civil) No. 7233 -7235/2003 whereunder Special Leave has been granted with a direction to maintain status -quo and this court should await the result of the orders of Hon ble Supreme Court in the said Special Leave Petition.

(2.) HAVING heard the Counsel for two sides and having perused the order passed in Civil Appeal No. 6297 of 2003, Annexure -15 and the orders of this Court dated 29.1.2003, Annexure -F against which the aforesaid Special Leave to Appeal (Civil) No. 7233 -7235/2003 is pending. I am of the view that this writ application be disposed of with observation that the case of the petitioners shall be governed by the result of the orders of the Hon ble Supreme Court passed in Special Leave to Appeal (Civil) No. 7233 -7235/2003. Once the aforesaid appeal is disposed of by the Hon ble Supreme Court petitioners shall invite the attention of the department to the order disposing the said S.L.P. and department shall apply the same in regard to him. Learned State counsel also concedes the position that the case of the petitioners shall be governed by the orders of Hon ble Supreme Court in the aforesaid S.L.P. No. 7233 -7235/2003 and in view of the concession of the learned State Counsel/Counsel for the petitioners has chosen the withdraw this application.