RAM BUJHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners ' challenge Annexure -1 series by which their appointments as made in the year 1989 have been terminated in the year 2003 that is after fourteen years. They submit that the ground given for termination is not at all germane to the issue and on a total misconception both with regard to fact and law such an order had been passed.

(2.) THIS case was earlier heard and by judgment and order dated 23.11.2004, the action taken was set aside solely on the ground that the State cannot act in such a manner after such a long time. There was no adjudication as to the factual or legal aspect of the matter. State, being aggrieved, preferred Letters Patent Appeal unsuccessfully and then they appealed to the Apex Court. Apex Court, by its judg - ment and order dated 13th July, 2007 in Civil Appeal No. 3155 of 2007 set aside the judgment of this Court both by the Single Judge and by the Letters Patent Court and directed for fresh hearing and disposal by reasoned judgment upon consideration by all the contentions made by the parties. It is under those circumstances that the matter has now been placed before this Court for final disposal. When the matter was taken up upon rehearing, this Court directed some papers to be filed by the State to see what was the policy and how the policy was evolved because that became a crucial point for determination. State has produced the same. Heard the parties and with their 18/4/2014 Page 16 Equivalent Citation:2008 -PLJR -1 -773 consent, this writ application is being dis - posed of at this stage itself.

(3.) IN the State of Bihar, there is a river "Koshi". The word "Koshi" itself is a derivative which means "cursed". It is so because of the perennial problem of the river changing its course and causing vast devastation, a problem which has not been even today successfully tackled. Nature takes its toll every year. Considering this aspect of the matter from time to time, various steps were taken to meet various contingencies. For historical awareness, I may mention that long before independ - ence when the Zamindari system was prevalent because the raiyats as a consequence of devastation were unable to pay their rents, they were evicted. They lost their lands. The provincial legislation stepped in made enactments restoring lands and lands ' rights to them. This was one of the measures taken. After independence, Government decided to channelise/ reign mother nature. Vast canal systems were designed. Embankments created. For this large number of persons were displaced as a matter of course of the land acquisition proceedings. A policy decision was taken to rehabilitate these displaced persons who were displaced as a consequence of their lands being acquired for the Koshi Project. These persons were termed as "displaced persons" but this was not the only cat - egory of displaced persons for Government resolutions would show, and it is not disputed that Government after full deliberation, decided that people living in between two embankments whose lands, houses and properties are regularly ravaged by floods would also be treated as "displaced persons". Almost every year without fail once the monsoon sets in, water from Himalayas flow through Koshi river and overflows embankments. For major part of the year, properties are inundated leaving no survival opportunity to the people therein.