JALWA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant in this case was the petitioner in C.W.J.C. No. 11492. of 1996, wherein he sought quashing of the ORDER :dated 29.11.1991 (Annexure -1), by which he was removed from service of the Raj Bhawan, Bihar, on certain charges found established against him in a departmental enquiry.

(2.) WHILE dismissing the writ petition by the ORDER :under appeal dated 23.9.1998 the learned writ court has noticed that the writ petition was filed on 31.10.1996 i.e. after about a delay of five years and it was further noticed that it was filed after negotiation and agreement between the State Government and the Bihar State Non -Gazetted Employees Federation, following which the appellant and five other employees dismissed from the Raj Bhawan were absorbed in the service of the State Government by relaxing certain rules. Evidently the appellant secured his position by negotiation and agreement and thereafter started this litigation after a delay of about five years.

(3.) MR . S.P. Mukherjee, learned senior counsel for the appellant argued that the subsequent ORDER :of absorption dated 4.12.1995 (Annexure -19 to the writ petition) was partially illegal in as much as while absorbing the appellant and others it provides that the appointment shall be a new appointment effective from the date of joining and seniority shall be decided from the same date. According to the learned counsel for the appellant the said clause in Annexure -19 was unconsionable and hence fit to be quahsed.