PREM PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the learned Counsel for the State.

(2.) THE petitioners herein were appointed on Grade IV posts in the Department of Road Construction at Arrah by different letters of appointment dated 30.12.94 and 9.12.94 in the individual cases. These appointments were initially ad hoc for three months. The first counter affidavit would state that the services of the petitioners were extended for a further period of three months by an order dated 15.3.1995.

(3.) THE initial counter affidavit filed on behalf of the respondents clearly contends that the reason for termination of the services of the persons, including the petitioners, at Annexure 4 was the illegal nature of their appointment and the government policy for abolition of the posts in question and the decision not to make further appointments on the said posts. Para 9 of the counter affidavit would however aver that if in future the demands of the work in the Road Construction Department so require the engagement of the petitioners can be considered in Grade IV posts. The second counter affidavit by the respondent no. 2 would confirm the allegations of the respondent notwithstanding their stand in the further counter affidavit of having re -appointed persons from the impugned order at Annexure 4, whose services were terminated alongwith the petitioners. This Court on the previous occasion with reference to Annexure B/1 of the counter affidavit had required the respondents to place on record the alleged written communication from the Executive Engineer concerned pursuant to which such persons whose services had been terminated alongwith the petitioners came to be re -appointed. No such affidavit has been filed and a prayer was made on behalf of the respondents for further adjournment.