BINOD KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against the order as contained in Annexure 1, issued vide memo no. 2106 dated 19.7.2004 whereby and whereunder a general direction has been issued by the Secretary of the Forest and Environment Department, Government of Bihar, Patna to terminate the services of the petitioners and similarly situated persons mentioned in Annexure 1 from the post of Clerks.

(3.) A counter affidavit has been filed on behalf of the State but no plausible explanation as to for what reasons the petitioners are being removed from services. It is only stated that some of the posts were of the State cadre and, therefore, the appointment made by the Conservator of Forests must be held to be ab initio void. This fact, however, has not been clarified in the counter affidavit as to whether at the time of induction of the petitioners in service some of the posts belonged to the State cadre. Mr. Ram Balak Mahto, learned senior counsel appearing for the petitioners, on the contrary, submits that at the time the petitioners were appointed, all posts were of the divisional offices and no one of the cadre of State was selected and appointed along - with the petitioners by the Conservator of Forests.