YAHYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) In the present case, the petitioners have initially challenged the letter contained in Memo No.1060 dtd. 27/6/2007, which was issued under the signature of Sub- Divisional Officer-cum-Special Officer, Agriculture Produce Marketing Committee (abolished) whereby and whereunder the petitioners have been terminated with retrospective effect i.e. 22/2/2007 from their services in compliance of a general direction contained in letter no.295 dtd. 12/2/2007 and further made a prayer for quashing the order of three groups of Secretaries dtd. 26/8/2011, which has been passed in compliance of the order of this Court passed in CWJC No.12583 of 2010 whereby and whereunder the group of Secretaries has rejected the claim of the petitioners for their absorption in services in view of the Division Bench decision rendered in 2010 (1) PLJR 763 (Nand Kumar and Ors. Vs. State of Bihar and Ors) and further prayer has been made for giving direction for reinstating the petitioners in service from the date of termination as has been claimed by the petitioners that in terms of Sec. 6 of the Bihar Agriculture Produce Market (Repeal) Act, 2006, which specifically provides for the absorption of officers and employees of the Bihar Agriculture Produce Marketing Board, as they were working as an employee of the Marketing Board are entitled for their regularization and further a challenge has been made to the order contained in Memo No.1743 dtd. 27/3/2012, which has been passed by the Secretary, Agriculture Department, Government of Bihar, Patna whereby and whereunder again reiterated the opinion about the issue of absorption of the petitioners in negative way and rejected the claim of the petitioners for their absorption in services.

(3.) The petitioner nos.1 and 2 were initially appointed on 13/2/1976 and 25/2/1976 respectively on the post of Check Post Guard on daily wages basis in the Agriculture Produce Market Committee, Shahpur Patori, District-Samastipur. Thereafter, the petitioner no.1 was again appointed on the post of Fee Collector (Class III) vide office order no.16/79 dtd. 13/6/1979, in pursuance of the appointment, the petitioner no.1 joined the new post on the same day, whereas the petitioner no.2, who was also working as daily wager as Check Post Guard, was appointed as Fee Collector on 18/11/1977, accordingly joined new place of posting. The services of the petitioners were terminated vide Memo No.482 dtd. 21/10/1981, which was challenged before this Court in CWJC No.3456 of 1982 in the name and style of Kamal Rajak and Ors, which was disposed of vide order dtd. 3/9/1983. Again CWJC No. 8535 of 1992 (Bihar Rajya Krishi Vipanan Parishad Arajpatrit Karamchari Sangh and Ors.) was filed and thereafter, several writ applications bearing CWJC Nos.11847 of 2000, 9446 of 2000 and 8952 of 2002 were also filed. All the aforesaid cases were related to the payment of salary and dearness allowances.