JATA SHANKAR JHA Vs. MADHUBANI MUNICIPALITY

JUDGEMENT

(1.) THE petitioner is aggrieved by Memo No. 3164 dated 26.9.2005 issued by the Deputy Secretary, Urban Development Department, Government of Bihar which is contained in annexure -13 of the writ application. By virtue of this order appointment of the petitioner on the post of Junior Engineer, Madhubani Municipality has been cancelled. The petitioner also assails the order dated 9.12.2005 annexure -15 issued bv the Executive Officer, Madhubani Municipality which is a follow up letter based on annexure -13.

(2.) THE case of the petitioner is that he was engaged as a Junior Engineer on daily wages against sanctioned vacant post for initial period of one month in the year, 1988. The private respondent no. 6 was also engaged in the same manner under the Municipality. On 15.9.1989 an advertisement was issued by the Municipality to make regular appointment to the said post of Junior Engineer. Many persons applied in response to the said advertisement which included the petitioner as well respondent no. 6. But this advertisement was not acted upon. On 30.9.1989 respondent no. 6 was removed from his post of Junior Engineer.

(3.) AFTER the order dated 18.12.1993 was issued respondent no. 6 filed C.W.J.C. No. 12899 of 1993 challenging the said order and the appointment of the petitioner. The matter was heard by the High Court and order dated 28.7.1997 came to be passed. The High Court quashed the appointment of the petitioner. The petitioner therefore filed an appeal namely L,.P.A. No. 1011 of 1997. The Division Bench on 17.9.1997 passed an interim order staying the operation of the order of the learned Single Judge and the matter was accepted for hearing. The petitioner, therefore, continued to work on the post of Junior Engineer from the date of his initial appointment in the year, 1988.