UMA SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned counsel for the State.

(2.) THE petitioner is aggrieved by the termination of his service by order dated 28.11.2000 in pursuance of a show cause notice dated 16.10.2000. It is his case that he was appointed in temporary capacity on a Class IV leave vacancy post by the competent authority, the Regional Deputy Director, Tirhut Division, Muzaffarpur. on 18.9.1988 by the then incumbent of the post. That not only did the then incumbent of the post take work from him but all successive incumbents of the post took work from the petitioner till -he came to be issued the aforesaid show cause followed - by rhe termination. In the meantime he was absorbed in regular service by Memo No. 647 dated 25.1.1993. In this manner he continued in service uninterruptedly since 1988. It is his further case that persons named in paragraph 12 of the writ petition appointed in similar circumstances are continuing in service while he has been singled out for discriminatory treatment.

(3.) THE stand of the respondents in their counter affidavit is that the very initial appointment of the petitioner was illegal, contrary to law inasmuch as no advertisement was published, relevant Government circular for appointment was not followed, that his appointment letter was a fabricated document. Even while it does not deny the specific assertion in paragraph 12 of the writ petition a bald statement has been made in paragraph 11 to the effect that genuineness of the appointment of persons in Class -Ill and IV named in paragraph 12 are under verification.