STATE OF BIHAR Vs. ANAND PRAKASH SRIVASTAVA

JUDGEMENT

(1.) IN L.P.A. No. 1237 of 1999, the order under challenge is dated 20th August, 1999 passed in C.W.J.C. No. 11800 of 1999. In the said Writ Petition, the petitioners contended that they were appointed after the advertisement was published and they were selected. It was thus contended that there was no just reason to terminate their services. They contended that before issuing the termination no notice of show cause was given. They also contended that similar terminations were effected and this Court by an order passed in CWJC Nos. 11349/1997/1997, 11495, 782/1998 & 747/1998 quashed the common order of termination insofar as those, who were the petitioners in the said Writ Petitions, and accordingly they are also entitled to same relief. On that ground alone by the order impugned in the said L.P.A., the order of termination was set aside of the petitioners in the Writ Petitions.

(2.) IN LPA No. 1197 of 2004, the subject matter of challenge is the order dated 23rd February, 2004 passed in CWJC No. 6468/2000. The petitioner in the said Writ Petition contended that he is similarly situate to that of the writ petitioner in CWJC No. 5003/1999 which was allowed and the order of termination, insofar as the writ petitioner in CWJC No. 5003/1999 is concerned, was set aside by an order dated 29th September, 2000, and accordingly on the principle of the said order passed in CWJC No. 5003/1999, the order of termination challenged in CWJC No. 6468/2000 should also be set aside. In that Writ Petition also it was the contention that the case of the petitioner was considered by the Divisional Selection Committee alongwith several others and thereupon appointment was given, and accordingly applying the principles on the decision rendered in CWJC No. 5003/1999, the order of termination, being the subject matter of challenge in CWJC No. 6468/2000, should also be. quashed. In the impugned order, the learned Single Judge found that the case of Ravindra Kumar Tiwary as decided in CWJC No. 5003/1999 is identical to the case of the petitioner in CWJC No. 6468/ 2000, and accordingly applying the principles enunciated in the order dated 21st September, 2000 passed in CWJC No. 5003/1999, the learned Single Judge allowed CWJC No. 6468/2000 and quashed the order of termination, being the subject matter of the said Writ Petition.

(3.) IN LPA No. 326 of 2005, the subject matter of challenge is the order dated 12th March, 2004 passed in CWJC No. 6609/ 2000, CWJC No. 6878/2000, CWJC No. 9161/2000, CWJC No. 7007/2000, CWJC No. 7042/2000 & CWJC No. 6942/2000 whereby and whereunder the orders terminating the services of the petitioners in the said Writ Petitions were quashed. The learned Single Judge relying upon the judgment and order passed in CWJC No. 5003/ 1999 and finding that the facts at hand are similar or identical to those of CWJC No. 5003/1999 allowed the Writ Petitions and quashed the orders of termination passed against the petitioners in the said Writ Petitions.