LAWS(PAT)-2017-9-36

KRISHNA SAH Vs. STATE OF BIHAR

Decided On September 11, 2017
KRISHNA SAH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioners seek quashing of the order, dated 31.12.2013, as contained in Memo No. 1572, by which the services of the petitioners, along with other persons, have been terminated on the ground that the purpose for which they were appointed is over and there is no requirement of their services on daily wages, therefore, their services have been terminated with effect from 31.01.2014.

(3.) The learned counsel for the petitioners submits that by the impugned order the services of nine persons have been terminated. One of them, Manoj Kumar Paswan, filed C.W.J.C. No. 4848 of 2014 and this Court vide order, dated 01.04.2015 disposed off the writ petition of Manoj Kumar Paswan on the ground that if vacancy is available the case of Manoj Kumar Paswan shall be considered. The authorities shall inform Manoj Kumar Paswan about the availability of the case within three months from the date of filing of an application along with a copy of this order passed in C.W.J.C. No. 4848 of 2014. When the case of Manoj Kumar Paswan was not considered, although there was vacancy, Manoj Kumar Paswan filed contempt petition and during the course of hearing it transpired that there is vacancy and Manoj Kumar Paswan was regularized in service. The learned counsel for the petitioners, further, submits that the petitioners were appointed on daily wages from 19.11.1991 and onwards on different dates, in accordance with the procedure after advertisement in the daily newspaper. There are fourteen posts lying vacant, but, petitioners were terminated on the ground that there is no vacancy.