STATE OF JHARKHAND AND ORS. Vs. MD. ERFAN

JUDGEMENT

(1.) DELAY in filling the appeal is condoned. The appeal is treated to have been filed in time.

(2.) HEARD learned counsel for the appellants. It appears that the impugned order whereby the petitioner respondent was removed from service has been passed in violation of the principles of natural justice, especially, if one looks at the fact that the writ petitioners respondent has been working since 1983 and there is a policy decision of the State Government that all those who had been working before 1st August, 1985, their services should be regularised. Petitioner's case is squarely covered in the aforesaid policy decision of the State Government. Despite the aforesaid circular, the appellants wrongly terminated the service of the petitioner -respondent. The order, therefore, clearly suffered from a patent illegality. Based on the aforesaid stipulation contained in the State Government policy the petitioner was also entitled to be regularised in his service. Accordingly, therefore, learned single Judge rightly issued a writ of mandamus directing the appellants to regularise the services of the writ petitioner.

(3.) FOR the aforesaid reasons, therefore, we find that the judgment does not suffer from any infirmity or illegality.