VIJAY NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the learned Counsel for the State.

(2.) It is the case of the petitioners that in pursuance of the advertisement on the notice board in 1981. inviting application for appointment on Class IIII and IV posts under the Filaria Control Programme the petitioners applied and they were appointed on temporary basis. Consequently vacancies were notified for regular appointment on 4.11.1981. A typed copy of the public advertisement is appended at Annexure 3. The petitioners came to be appointed after consideration of their candidature by a selection committee. Reliance for the purpose is placed on the communication dated 12.9.1983 referring to the appointments having been made by the Selection Committee. Nonetheless their services were terminated when they came to this Court in CWJC No. 7451 of 2003. On 25.8.2003 the order of termination was stayed by this Court. Subsequently the writ petition itself was placed before a Division Bench in pursuance of certain analogous matters on issue of wrong appointments pending before the Division Bench. The Division Bench disposed of a batch of analogous writ applications by referring the same to a three man committee for the purpose of enquiry with regard to the nature of appointment. In pursuance thereof the impugned order dated 7.3.2009/9.3.2009 has been passed.

(3.) LEARNED Counsel for the petitioners submits quite simply that the committee did not hear the petitioner and secondly that the impugned order is non -speaking in nature and assigns no reason of the nature of the illegality in the appointment found by the enquiry committee.