STATE OF BIHAR Vs. SANTOSH KUMAR SINGH

JUDGEMENT

(1.) SOMETIMES in 1990, the respondent -petitioner was appointed in a Government School as a Class -IV employee on the strength of an appointment letter issued by the District Education Officer.

(2.) According to the Rules, the appointing authority in respect of a Class -IV employee is the Headmaster of the School. Although, the Headmaster of the School is the appointing authority, but he can appoint a person in a Class -IV post only when the person has been recommended by the Committee constituted by the Rules. The Committee so constituted, in terms of the Rules, can only recommend a person, who has been selected amongst others, after permitting all and sundry to offer themselves for being selected for recommendation.

(3.) THE respondent -petitioner worked as such Class -IV employee undisturbed until 8th June, 2001 when by a notice it was held out to the respondent -petitioner that his initial appointment was an illegal appointment. By the said notice, the respondent -petitioner was called upon to show cause why his illegal appointment should not be put to an end. The respondent -petitioner on 21st June, 2001. gave an explanation and thereby stated that he submitted an application with the District Education Officer for being appointed in a Class -IV post and in consideration of the said application, the respondent -petitioner was chosen for appointment amongst other similar such applicants and thereupon he was issued the appointment letter by the District Education Officer and since then, he is serving the School to the satisfaction of all concerned un -interruptedly.