STATE OF BIHAR, THROUGH COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT Vs. PRADEEP NARAYAN JHA, SON OF SRI RAMESH JHA

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against an. order passed by a learned Single Bench of this Court on 31st October, 2013 whereby, the writ application was allowed and the order of termination dated 27th April, 2011 was set aside with the direction that the writ applicant would be reinstated in service forthwith.

(2.) The respondent herein, the writ applicant, was initially appointed on 7th January, 1982 on ad hoc basis for six months. Such appointment was extended from time to time. The learned Single Bench allowed the writ application for the reason that 171 employees, who were appointed between 1978 to 1982 along with the writ applicant was promoted on the post of Typist, are continuing in service. The writ application was allowed and the order of termination was ordered to be set aside for the reason that action of the appellant in adopting a different yardstick was found to be violative of equality clause enshrined in Articles 14 and 16 of the Constitution of India.

(3.) Learned counsel for the appellants refers to Full Bench Judgment of this Court in Ram Sevak Yadav Vs. State of Bihar & Ors, 2013 1 PLJR 964 to contend that the writ applicant was appointed on ad hoc basis without advertisement and without giving opportunity to all eligible candidates to apply to be considered for appointment. Such an appointment is illegal appointment as has been held by the Full Bench in Ram Sevak Yadav's case . Therefore, such illegally appointed person could not have been ordered to be reinstated.