RAJANDHARLSHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The subject-matter of challenge in this writ-petition is an order dated 26th August, 1992, by which the Directory, Treasury, has allegedly decided not to take work from the petitioner. As a sequel to the said order, another order dated 16th of December, 1992, as contained in Annexure-4 has been passed refusing to accept the work of the petitioner. The facts of the case are as follows :

(2.) The petitioner has been working without any break till 16th December, 1992 and thereafter an order of termination has been passed, inter alia, on the ground that since the petitioner has not been appointed by the Directorate of treasury, the Directorate disowned the petitioner and refused to take any work from him or to pay him.

(3.) When the matter was heard on the previous occasion, this Court, by an order dated 30th August, 1995, directed the learned counsel for the respondents to take instruction from the District Magistrate, Patna, whether the petitioner can be appointed by him on any one of the posts in respect of which the petitioner was working. Pursuant to the same order, a supplementary counter-affidavit has been filed by the Gopal Chand Modi, Deputy Collector, Nazarat and he has stated in the said affidavit that the petitioner does not belong to any category of posts available in Patna Collectorate and hence his appointment to any post in the Patna Collectorate is not possible.