BRAJ KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri J.P. Shukla, Senior Advocate for the petitioner and Sri Sudhir Kumar, J.C. to G.P. 4 for the State of Bihar and its functionaries.

(2.) PETITIONER , who was appointed as Compounder in Veterinary Hospital, Maniari, has filed this writ application to set aside the order, bearing Memo. No. 3858 dated 7.8.1998, Annexure -1, whereunder Director, Animal Husbandry, Bihar Patna, Respondent No. 3 has held that the Regional Director who appointed the petitioner as Compounder in the Veterinary Hospital, Maniari had neither jurisdiction to appoint nor vacancy was available in the said Veterinary Hospital over which petitioner could have been appointed as Smt. Leela Sharma was appointed as dresser against the vacancy of Compounder -cum -Dresser, vide order, bearing Memo. No. 23 dated 10.12.1990.

(3.) PETITIONER was engaged as a daily rated Compounder in the Veterinary Hospital, Maniari by the Regional Director, Animal Husbandry, North Bihar Region, Muzaffarpur under order dated 18.7.1988, Annexure -4. When the petitioner completed continuous engagement as Compounder in the said hospital for more than 240 days his case was considered by the Selection Committee for regularization as per the instructions of the State Government contained in Resolution dated 16.3.1980 and Gazette dated 26/21.8.1986 and the instructions of the Director, Animal Husbandry dated 16.2.1989. The Selection Committee made recommendation dated 27.2.1989 to regularize the services of the petitioner whereafter the order regularizing his service, bearing Memo. No. 40 dated 27.2.1989, Annexure -5 was issued. It appears, there is typographical error in the order dated 27.2.1989 as in the body of the said order for 27.2.1989, 29.2.1989 has been typed and when this fact was pointed out to the learned counsel appearing for the petitioner, he submitted that supplementary affidavit clarifying the aforesaid position shall be affirmed during the course of the day. While the petitioner continued as Compounder, on the strength of aforesaid order dated 27.2.1989, Annexure -5 one Ram Pravesh Rai filed C.W.J.C. No. 7719 of 1993 before this Court asserting therein that Respondent Nos. 7, 8 (the petitioner herein and one another) who were engaged later than Ram Pravesh Rai, were regularized on Class III post ignoring the rightful claim of the petitioner Ram Pravesh Rai. This Court under orders dated 15.2.1995, Anexure -6 disposed of that writ application with direction to the Director, Animal Husbandry to look into the grievance of Ram Pravesh Rai vis -a -vis Respondent Nos. 7 and 8 of the said application i.e. petitioner herein and one another. In compliance of the orders of this Court, the Director, Animal Husbandry examined the claim of Ram Pravesh Rai vis -a -vis the petitioner and one another and under orders dated 26.4.1996, Annexure -1 A held that on 27.2.1989 the date on which services of the petitioner was regularized as Compounder by the Regional Director, the Regional Director had no such power to appoint and regularize on Class III post of Compounder and accordingly the services of the petitioner was terminated from the post of Compounder in the Veterinary Hospital Maniari.