SATYA NARAYAN RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondent-State.

(2.) The petitioner has preferred the present writ application for a direction to the respondent authorities to reappoint the petitioner on the post of Peon in the department of Road Construction Bihar, Patna, and to make payment of due salary for the previous service rendered by the petitioner between 1973 to 1975 in the department of National Highway, Sub-Division, Dobhi.

(3.) The factual matrix unveils that the petitioner's land was acquired by the department of National Highway Public Works Construction Bihar, Patna, vide notification no. 4314 issued in the year 1972. In lieu of acquisition, the petitioner was appointed on the post of Peon in the pay-scale of 155-1-160-2-190 and allowed to join in the Sub-Divisional Office of Assistant Engineer, Dobhi, Gaya, within a period of one week from the date of issuance of appointment letter issued vide Memo No. 562 dtd. 22/4/1973, by the Executive Engineer, National Highway Division-II, Aurangabad, as contained in annexure-1 to the writ petition. Consequently, the petitioner joined the service within one week of the issuance of the appointment letter. Subsequently, vide letter no.18799 dtd. 19/9/1975 issued by the Joint Secretary, Public Works Department, Bihar, Patna, a decision was taken to abolish the National Highway Division, Dobhi, w.e.f. 30/9/1975 and that its employees would be adjusted in the Bihar State Bridge Construction Corporation Limited. Pursuant to the same, the petitioner was transferred in October, 1975 from Dobhi, Gaya to Dhanbad in the Bihar State Bridge Construction Corporation. The petitioner went to Dhanbad and gave his joining on 25/11/1975, but his joining was not accepted by the Project Director-cum-Managing Director of Bihar State Bridge Construction Corporation, Patna, and the petitioner was directed to rejoin in the National Highway, Dobhi, Gaya, which gets reflected from the letter no.693 dtd. 27/11/1975 issued by the Project Director-cum-Managing Director of Bihar State Bridge Construction Corporation, Patna, as contained in annexure-2 to the writ petition. Thereafter, several letters were issued for adjustment of the services of the petitioner, but the services of the petitioner could not be restored and now he is of 65 years of age.