DHRUB PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners in this case have challenged the order, contained in Memo No. 1165 dated 7th of April, 1992 (Annexure-5), by which the appointments of the Petitioners have been cancelled on the ground of illegal appointment after about 12 years of their services.

(2.) The case of the Petitioners lies in a narrow compass, as stated hereunder:

(3.) The Petitioners thereafter joined their respective posts and continued to function but their salary was not released. It was only vide letter dated 13th of June, 1981 (Annexure-2), when the extension relating to posts were granted, salary of the Petitioners and Ors. wore released from the month of June, 1981. The Petitioners continued to receive their salary from June, 1981 onwards. In the letter dated 13th of June, 1981 (Annexure-2) while it was ordered to release the salary, it was ordered that the payment should be released in favour of those, who have been appointed prior to 30th of June, 1980, and they will be getting the salary. Any appointment made after 30th of June, 1980 will not be recognized. Further it was mentioned therein that the temporary posts will continue till the persons appointed for prohibition purpose are not adjusted against permanent posts. A bar was put to make new appointment.