NAGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for issuance of appropriate writ/orders for quashing the order dated 07.05.2011 passed by the Regional Deputy Director, Primary Education, Saran Division, Saran at Chapra, whereby and whereunder the petitioner has been denied retiral dues upon superannuation on 30.06.2010.

(2.) The brief facts of the case are that the petitioner was appointed as Teacher by the respondent no. 3 on 30.12.1982, however, the services of the petitioner along with others was terminated in the year 1986 whereafter the aggrieved persons had filed a writ petition and the matter had travelled up to the Hon'ble Apex Court, which had disposed off the Special Leave Petition by a common order dated 30.09.1986 with a direction to the State Government to reinstate the petitioners therein in service and retain them in service till proper selection is undertaken. Thereafter, the services of the petitioner was taken back and the petitioner was allowed to join by an order dated 07.09.1988. The petitioner is stated to have worked regularly for some years, however, the services of the petitioner was again terminated vide order dated 13.11.2008 passed by the respondent no. 3 on the ground that he did not possess the requisite qualification and he had obtained employment on the basis of a false certificate. Other similarly situated persons were also dismissed along with the petitioner herein. The petitioner had then filed a writ petition challenging the said order of dismissal dated 13.11.2008 by filing a writ petition bearing CWJC No. 18050 of 2008.

(3.) It is the further case of the petitioner that the writ petitions of similarly situated persons were heard by this Court and this Court by an order dated 20.05.2008 had disposed off several writ petitions bearing CWJC No. 16677 of 2004 and other analogous cases, whereby and whereunder the orders of dismissal of the writ petitioners therein were set aside and it was directed that the petitioner would be entitled to continuity of service and the petitioners therein would continue in service till fresh appointments are made. In fact a coordinate Bench of this Court by an order dated 16.07.2008 passed in CWJC No. 16677 of 2004 and other analogous cases, while quashing the order of termination of similarly situated employees had further observed as follows:-