LAKSHMI NARAIN SAHU SON OF LATE MAHABIRSAHU Vs. STATE OF BIHAR THROUGH THE DEPARTMENT OF IRRIGATION, GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) BEING aggrieved by order of termination issued vide memo No. 2897, dated 11.11.1993 contained in Annexure 21) passed by the Deputy Secretary -cum -Special Secretary of Irrigation Department (Water Resources Department) the petitioner has moved this court invoking the writ jurisdiction praying for quashing of the order whereby the petitioner 'sservices has been terminated and also making a prayer that he may be reinstated in service. This is the third round of litigation before this court.

(2.) The petitioner was working as a Seasonal Amin from the year 1969 to 1977. The Government had taken a decision vide Setter No. 10.3.1980 that the person who were working as Amins without break for five years should be regularized as permanent Amins. Accordingly, the petitioner was appointed as Amin on 31.3.1980 on temporary basis against a vacant post in Jainagar Anchal and a request was sent to the Director, Irrigation Department to sanction the post of Amin in the department. In the meantime permanent post of Amin fell vacant due to retirement of one Satyadeo Lal Das and the petitioner filed a representation that he may be absorbed against the permanent post of Amin. The petitioner thereafter was appointed on 16.8.1982 vide Annexure 9 subject to approval of the Selection Committee.

(3.) ON 26.12.1983 the petitioner 'sservices were terminated by the Deputy Collector on the ground that he had committed some forgery. The petitioner then moved this court by filing a writ petition being CWJC No. 312/1984. The Advocate General appearing on behalf of the State conceded that the termination was stigmatic and as such the order was quashed by this court on 15.3.1984 and the petitioner was reinstated in service on 14.8.1984 and was also paid the arrears of salary.