MANAN SAH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THE petitioner was appointed on the post of Khalasi on 15.1.1959. He came to be absorbed and regularized on the post of Fitter Grade -2 on 1.5.1964. He then superannuated from service on 30.6.1998. After his superannuation when the issue of fixation of his pension arose, he was sought to be reverted to the post of Khalasi by an order dated 23.5.2002 nearly 34 years after the benefit was granted to him. He came to this Court in C.W.J.C. No. 6298/2000. This Court on 13.12.2001 noticed that such an order to his prejudice at this belated stage could not be passed except after proper opportunity to show cause including an opportunity of hearing. Thereafter, the respondents passed an order dated 23.5.2002 reiterating the justification of the order dated 23.5.2002.

(3.) IT is the specific case of the petitioner in paragraph -20 of the writ application that the order dated 23.5.2002 came to be passed in contravention of the directions of this Court in C.W.J.C. No. 6298/2000 inasmuch, the petitioner was not given any opportunity of hearing and the order was ex parte.