J.R.K.RAO Vs. SHIBANI CHOUDHARY

JUDGEMENT

(1.) THE Bihar State Electronics Development Corporation and its officers are in appeal against the judgment and order passed by a learned Single Judge by which it was held that the Corporation 'saction in terminating the service of the writ petitioner -respondent no. 1 as Reception ist -cumTelephone Operator was illegal, bad and unsustainable. Consequently, the writ petition filed by respondent no. 1 was allowed, the order of termination of her service was quashed and the Corporation was directed to re -instate her with all due benefits.

(2.) THE writ petitioner -respondent no. 1 was appointed as Receptionist -cum -Telephone Operator on 13.11.1987 and her service was terminated by order, dated 20.6.2002. The termination of service was sought to be justified on the ground that her appointment was made on a post that was not sanctioned.

(3.) THE participation of the Chief of the Bureau of Public Enterprises in the selection committee is of some significance in view of the following facts and circumstances. In the year, 1986 the State Government had undertaken the exercise of organisational re -structuring at the Corporation 's headquarter and its two subsidiaries. On 29.12.1986 an order was issued by the State Government by which it gave sanction with regard to 333 posts on the basis of the approval of the Bureau of Public Enterprises. The posts sanctioned by the State Government did not include Receptionist -cum - Telephone Operator for the Corporation 'sheadquarter though for the two subsidiaries it was included in the list of sanctioned posts. Nevertheless, the Corporation not only retained the post but when it fell vacant on 1.5.1987, it went ahead to fill it up on the basis of an advertisement followed by a selection process and in that selection process the Chief of the Bureau of Public Enterprises was also one of the participants.