AMAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The subject matter of challenge in this writ petition is the order dated 18th December, 1993, issued by the Under Secretary, Department of Transport, Government of Bihar. By the said order the services of the petitioner who was working as Motor Vehicle Inspector, Dumka in the Transport Department were sent back to the Bihar State Agro Industries Development Corporation Ltd. (hereinafter referred to as the said Corporation).

(2.) The facts leading to the said order which are relevant for the purpose of deciding controversy in this matter are noted hereinbelow: After many years of service in the Indian Army the petitioner joined on 11th November, 1972 as Senior Mechanic Grade-I in the said Corporation and was posted in various places in the State of Bihar. The affairs of the said Corporation ran into bad weather and as a result of financial crises in the said Corporation, it was decided to stop operation of the said Corporation, and the petitioner and other employees of the said Corporation were declared surplus.

(3.) In this connection, the petitioner has referred to Annexure-2 to the writ petition which shows the list of officers of the said Corporation who become surplus and the name of the petitioner figures as item No. 6 in the said list. It appears from Annexure-1, on which the petitioner relied, that the same is a communication from the Chief Secretary, Bihar Sarkar, Patna to all the Commissioner-cum-Secretary, Chairman of Bureau of Public Enterprises and the Managing Directors of all Corporations. In the said communication it is stated that regarding different posts of the said Corporation the list of surplus staff was enclosed to the said letter, and it is also stated under the directions of the Chief Secretary that all vacant posts of the Corporation should not be filled-up directly, but those posts will be filled-up by the surplus members and the staff of the said Corporation.