GUPTESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE similar facts and common questions of law are involved in both the Writ Petitions they have been heard together and are being decided by this common judgment. C.W.J.C. No. 3017/94

(2.) THE five petitioners have challenged the order contained in Memo No. 318 dated 2.2.1994 (Annexure -1 series) issued by the Joint Secretary -cum -Director, Science and Technology Department, Government of Bihar terminating their services from various posts in the Government Polytechnics in the State on the ground that the appointment of the petitioners were illegal and their case is that they possess the requisite qualification and in pursuance of the advertisement published in the English daily 'Hindustan Times' on 14.10.1986 (Annexure -2) they applied for being considered for appointment on various posts in the Government Polytechnics in the State and claim that they have been registered with the Employment Exchange and were also duly sponsored by the respective Employment Exchange. They claim to have been working on daily wages on various post in the Government Polytechnic at Jamshedpur, Saharsa and Patna and their services were regularised in May, 1987 on the basis of the recommendation made by the Deputy Director, Science and Technology, Government of Bihar and letters of appointment (Annexure -3 series) issued between 25.2.1987 to 24.6.1987 by the Director, Science and Technology and they continued to discharge their duties and functions on the post of Clerk/instructor/Laboratory Assistant in the pay scale of Rs. 580 -860, 730 -1080 and 785 -1210 respectively in the Government Polytechnics at Jamshedpur/Saharsa /Bokaro/Dumka and as such they acquired a legal right to continue and hold the post and they submitted the joining report along with medical certificate on 1.6.1987, 25.6.1987, 16.6.1987, 22.6.1987 and 15.12.1987 to the Principal of the respective Government Polytechnics and thereafter they were paid their salary in the respective pay scale However, by Order No. 2208 dated 13.7.1987 (Annexure -4) the Commissioner, Science and Technology, Government of Bihar cancelled their appointment without disclosing any reason and on non -existent grounds. The petitioners came to know that one Pramod Mishra and Anil Kumar who were working in the Government Polytechnic, Adityapur and whose services had been terminated filed Writ Petition which was registered in this Court as C.W.J.C. No. 9614 of 1989 and 5076 of 1989 challenging the Order No. 2208 dated 13.7.1987 and this Court by the order dated 11.10.1991 (Annexure -5) and by the order dated 16.12.1991 (Annexure -5/1) quashed the Order No. 2208 dated 13.7.1987 in so far as it related to the petitioners of those two Writ Petitions. The petitioners then filed several representations to the concerned authority for redressal of their grievance end being aggrieved by the inaction of the concerned authority in deciding their representation, the petitioners approached this Court in C.W.J.C. No. 3122 of 1992 which was decided by a Division bench of this Court by the order dated 3.11.1992 (Annexure 6) and the impugned order was quashed with liberty to tile competent authority of the State Government to consider the matter afresh in accordance with law.

(3.) THE petitioners submitted joining reports (Annexure 7) to the Secretary, Science and Technology Government of Bihar and after acceptance of their joining the petitioners were reinstated and were paid salary regularly and deductions were made towards G.P.F. Thereafter in pursuance of the direction of this Court in C.W.J.C. No. 3122 of 1992 the Joint Director (Administration) Science and Technology vide letter No. 477 dated 22.2.1993 (Annexure -8) directed the Principal, Government Polytechnics Jamshedpur/ Adityapur/Dumka/Saharsa and Womens Polytechnic, Bokaro to serve notice to show cause on the petitioners as to why their appointment be not cancelled and they were called upon to submit their reply within one week. The petitioners filed their replies (Annexure -9) and denied all the allegations mentioned in the notice and asserted that their appointments had been made after following the prescribed procedure but to their utter dismay they were served with the impugned order dated 2.2.1994 (Annexure -1 series) which indicates that the services of the petitioners have been terminated for the reasons that the roster clearance had not been obtained from the Personnel and Administrative Reforms Department as regards reservation candidates were not called from the Employment Exchange, no selection committee was constituted prior to their appointment approval of the Government had not been obtained after preparing the penal of the candidates by the selection committee the petitioners were not interviewed and the alleged letters of appointment had not been issued from the despatch register maintained in the department.