UTTAM PRASAD YADAV Vs. AMAR NATH PATHAK

JUDGEMENT

(1.) This judgment would dispose of three writ petitions No. 688/86, 976/86 and 3126/86, as common points of law are involved in them and the facts are also identical except of the second petition.

(2.) In all these petitions, prayer has been made to quash the order dated the 3rd of December, 1986, passed by the Inspector General (Prison), Bihar, (respondent No. 2), by which they have been removed from the posts of Jail Clerks on the ground that their services were no more required. The copies of the asid orders have been filed as Annexure '1' in C. W. J. C. Nos. 688 and 3126 of 1986 and in C. W. J. C. No. 976 of 1986 it is Annexure 11.

(3.) The case of the petitioner, namely, Uttam Prasad Yadav is that after passing the Matriculation examination, he was appointed as Craftsman in the Electrical Mechanical Engineering Corps (E. M. E. Corps) of the Indian Army on the 20th of March, 1968, on Short Service Commission. As per the existing rule, his retirement was due on the 30th of June, 1983. Before his superannuation, he filed, an application before the Inspector General (Prisons), Home Department, Government of Bihar, Patna (respondent No. 2) for appointment to the post of Jail Clerk through Proper Channel on the 12th of August, 1983. As a number of posts of Jail Clerk were vacant at 'the relevant time, the application filed by the petitioner was forwarded by respondent No. 2 to the State of Bihar in the Department of Personnel and Administrative Reforms. After consideration and verification of the relevant details, the said Department gave concurrence and thereafter, respondent No. 2 appointed the petitioner on the post of Jail Clerk on temporary basis in the scale of Rs. 580 to 860. He was directed to undergo training for a period of three months in Bhagalpur Jail. A copy of the appointment letter has been filed as Annexure '5'. The petitioner joined the post of Jail Clerk and after completion of the training at Bhagaldur Jail, he was posted at Munger Jail.