FAKHRULISLAMANDOTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four analogous writ petitions (hereinafter to be referred to as first, second, third and fourth writ-petitions) have been preferred by the respective petitioners under Articles 226 and 227 of the Constitution of India and since common question of law is involved in these cases, the same are disposed of by a common judgment.

(2.) The reliefs sought for by the petitioners in their respective writ-petitions are to issue writ, direction or order in the nature of certiorari quashing the orders dated 5th July, 1988 Annexure- 7 to the first writ petition), dated 5th July, 1988 ; Annexure-7 to the second writ petition), dated 16th March, 1989 (Annexure-1 to the third writ petition) and 5th July, 1988 (Annexure-1) to the fourth writ petition) passed by the Executive Engineer, Minor Irrigation Investigation Division, Darbhanga and the order dated 28.4.1988 (Annexure-4), order dated 28th April, 1988, order dated 28.4.1988 (Annexure-2) and order dated 28.4.1988 (Annexure-2), respectively passed by the Joint Secretary, Minor Irrigation, Patna, by which the services of the petitioners have been terminated.

(3.) The facts are almost admitted. The petitioners were appointed by the Executive Engineer, Minor Irrigation Investigation, Darbhanga Division on 5th June, 1982. The petitioners were selected by the Selection Committee constituted under the rules. The appointment letter have been annexed as Annexures by the petitioners with their respective writ petitions. the names were invited by the Selection Committee. The retrenched staffs of the Division were also called by the Selection Committee for their regular appointment. The merit and efficiency were judged by the Selection Committee and thereafter appointments were made. The petitioners joined their services on 8th January, 1982. The petitioners are treated to be permanent staff for good reason.