ARBIND CHAUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pramod Mishra, learned counsel appearing for the petitioner and Mr. Mithilesh Kumar Upadhyay, learned Assisting Counsel to Government Pleader No.3 for the State.

(2.) The petitioner questions the order bearing Memo No.626(4) dated 19.6.2015 of the respondent Director-in-Chief, Health Services, Bihar, Patna impugned at Annexure 11, whereby the prayer of the petitioner to count his past service for the purpose of continuity has been rejected, inter alia, on grounds that the appointment of the petitioner on 8.10.1986 was made by Dr. A.A. Mallick whose appointments were declared illegal and thus the period spent under the said appointment could not be counted for the purpose of continuity.

(3.) Facts are not in dispute. The father of the petitioner was in the services of the State Government who expired on 21.5.1984 and although the mother of the petitioner applied for compassionate appointment vide Annexure 1 as stated by the petitioner but the said prayer was not pursued and perhaps because such appointment was given to the petitioner by Dr. A.A. Mallick vide appointment order bearing Memo No.1988 dated 8.10.1986, a copy of which is placed at Annexure 12 to the reply to the counter affidavit filed today.