SUKHNANDAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, which has been filed on behalf of only one petitioner, namely, Sukhnandan Thakur, under Article 226 of the Constitution of India, the substantial question raised is that the Government Circular Letter No. ED/R 302/54 P.C. 3493 dated the 23rd February, 1954 is void as it contravene Articles 14, 15 and 16 of the Constitution of India, and, therefore, the order passed on the basis of that the Circular Letter terminating the service cf the petitioner as Supply Inspector from the 28th February. 1954 is illegal and invalid in law. On this ground the petitioner in this application has prayed for the issue of a writ or direction restraining the respondents from enforcing the aforesaid order passed against him.

(2.) The case of the petitioner is that originally he was appointed as a Market Inspector on the 7th August, 1946 in the Supply and Rationing Department at Muzaffarpur on a salary of Rs. 85 per month. In this post he worked till the 9th December, 1947, on which date his services were dispensed with due to retrenchment then made in the Department. Thereafter on the 13th October, 1948 he was re-appointed as a Supply Inspector on a scale of Rs. 100-5-125-E. B.-150 in the Supply and Price Control Department at Muzaffarpur. While he was in employment as such, he on the 27th February, 1954 received the following order from the District Magistrate of Muzaffarpur;

(3.) It has been claimed by him that his service Book was all along free from any adverse remark and that the petitioner got all the increments which were due to him in the course of his service, the last being one which was given to the petitioner on the 20th July, 1953, that is, only a short time before the termination of his service. The District Magistrate, it is said, then wrote in his order that there was nothing adverse against the petitioner.