UTTAM CHAND JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the challenge initially was directed against the withholding of the increment of pay of the petitioner and also against the treatment meted out to him by respondent No. 1 by not treating him in regular service. Subsequently, when the writ petition was pending, an order dated March 2, 1994 was passed by the respondent No. 5 as Managing Director of the Bihar State Pharmaceutical & Chemical Development Corporation Limited (hereinafter referred to as the B.S.RC.D.C) and Chairman-cum-Managing Director of Bihar Insecticides Limited (hereinafter called B.I.L.) whereby it was alleged that the contract service of the petitioner shall be deemed to have come to an end with effect from the forenoon of January 25, 1994. The said order dated March 2, 1994 virtually amounts to dismissal of the petitioner from service with retrospective effect. The legality of the said order was also challenged in the writ petition by amending it and the said amendment was allowed by this Court by an order dated May 5, 1994,

(2.) Today before this Court the following questions fall for- consideration :

(3.) The facts relating to the appointment of the petitioner, briefly summarised, are as follows:- Pursuant to an advertisement published on October 5, 1985 in the daily Hindustan Times by the Bureau of Public Enterprise (hereinafter called B.P.E.) under the caption 'Public Appointment', applications were invited from suitable candidates for the post of Works Manager in B.P.E. The said advertisement stipulated that the post shall carry a pay in the scale of Rs. 1900-75-2500 besides which provident fund benefits, medical facilities, C.L.A., House Rent Allowance and other benefits will be available according to the Corporation Rules. In the said advertisement there is no whisper that the appointment will be made on contractual basis. Pursuant to the said advertisement, the petitioner applied enclosing his bio data and he received a letter of interview and was interviewed on February 6, 1986 by the Selection Committee of B.P.E. constituted for the sole purpose. After conclusion of the interview the Joint Director, B.P.E. by his letter dated January 7, 1986 sent recommendation in favour of the appointment of the petitioner. Thereafter the petitioner was appointed as Works Manager by letter of appointment, dated January 21, 1986. In the said letter of appointment, the petitioner was appointed on the following terms and conditions which are set out below: