JAI SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the State. Perused the Writ petition and a copy .of the counter-affidavit supplied to me by the counsel for the Slate, as the counter-affidavit filed in the case is not with the file.

(2.) The petitioner has filed the present application against the order dated 17-5-1994 of the State Government, contained in Annexure-11, issued under the signature of the Special Officer-cum-Deputy Secretary, Department of Water Resources, Bihar, Patna, by which the appointment of the petitioner has been cancelled on, the ground that the same was irregular.

(3.) The facts, which are necessary for disposal of the present case are that the petitioner was appointed as Seasonal Circle Muharrir on temporary basis on 4-12-1969 in the office of Hazaribagh Anchal (vide Annexure-1). Thereafter, the authorities took steps for selection of Muharrir and Ors. according to the relevant rules and the petitioner appeared in the competitive examination and his name was included in the list prepared for appointment of Muharrir. As the sanctioned post of Circle Muharrir was not available in the department, the petitioner was appointed as Seasonal Muharrir. However, on 16-6-1971, the petitioner was appointed as Circle Muharrir against the sanctioned post and he was continuing on the said post and was later on made permanent on the said post, as evidence from the order dated 18-3-1983 (Annexure-6).