AMOL NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have filed the present writ petition under Article 226 of the Constitution of India assailing the validity and correctness of the office order contained in Memo No.2043 Patna, dated 21.12.2002 (Annexure -16) and the office order contained in Memo No.96 Patna, dated 06.01.2003 (Annexure -16/A), both passed by the respondent No.3, whereby services of the petitioners on the post of Mapak (Amin) have been terminated with immediate effect on the ground that their initial appointment on the said post was illegal/ irregular, and was made dehors the constitutional scheme and by an officer who was not authorized to make such appointment. The petitioners have further prayed for issuance of a direction to the respondents for regularization of their services in the prescribed pay scale with all consequential benefits.

(2.) SHORN of unnecessary details, the petitioners were appointed by office order dated 24.10.1987 (Annexure -3) issued by the Special Land Acquisition Officer, Medium Irrigation Scheme, Dumka (now in the State of Jharkhand) on the post of Mapak/ Amin on provisional/ ad -hoc basis. As per the case of the petitioners they joined the aforesaid post of Mapak/ Amin on 02.11.1987 and continued in service. Subsequently, services of some similarly situated employees including that of the petitioners were extended on 13.05.1988 by the respondent - Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna. It is also the case of the petitioners that even thereafter their services were extended and they remained in service of the State on the post of Mapak/ Amin.

(3.) IT is not in dispute that 2nd / fresh show cause notice was issued to the petitioner -Amol Narayan Jha vide letter dated 05.01.2002 (Annexure -10) and the petitioner - Palat Jha vide letter dated 07.01.2002 (Annexure -10 series) by the respondent no.3 asking them to show cause as to why their services be not terminated on the grounds indicated in that show cause notice. The petitioners, in response to the aforesaid notice, submitted their show cause on 22.01.2002, whereafter by the impugned office order dated 21.12.2002 (Annexure -16), and the impugned office order dated 06.01.2003 (Annexure -16/A) services of the petitioner No.2 Palat Jha and that of petitioner no.1 Amol Narayan Jha, respectively have been terminated with immediate effect for the reasons recorded in those orders particularly on the ground that their appointment were made by an Officer who was not authorized to make such appointment and it was made without following the procedures prescribed under the law for such appointment.