SASHIBHUSHAN KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This group of writ petitions and the Letters Patent Appeal have landed before the Full Bench pursuant to the reference made by the learned single Judge under order dated 21st July 2009.

(2.) The matter at issue is the legality of the appointment of each petitioner in Class III service in Intensive Artificial Insemination Programme made by the Regional Director in Animal Husbandry Department of the State of Bihar.

(3.) According to the State Government, concerned posts were of State Cadre; the Regional Director of Animal Husbandry did not have power or authority to make appointment; the appointment of the writ petitioners was made without the authority of law; was illegal and void ab initio. In the above view of the State Government, the State Government issued direction to the Regional Directors of Animal Husbandry to take steps to terminate the service of each such employee. It is the said direction issued by the State Government and the consequent action of termination of service taken by the Regional Director of Animal Husbandry which are the subject matter of challenge in each writ petition.