LALAN KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has challenged the order passed by the respondent No. 2, the Director. Panchayat Raj cum Joint Secretary, Rural Development Department, Government of Bihar, Patna whereby the appointment of the petitioner on the post of Assistant Engineer in Zila Parishad, Hazaribagh by the then Deputy Development Commissioner cum Executive Officer Zila Parishad has been declared illegal and irregular and a decision was taken for cancellation of the aforesaid appointment and also the order as contained in memo dated 18.5.96 whereby the appointment of the petitioner has been cancelled.

(2.) IN 1983 the petitioner was appointed as Junior Engineer in Zila Parishad. Hazaribagh for execution of work undertaken by the said Zila Parishad under National Rural Employment Programme (in short, the NREP). The appointment was made at daily wages basis. The petitioner continuously worked as junior engineer till 1994. It appears that there were large number of posts of Assistant Engineers available in various Departments of Government of Bihar, which were not of the cadre of Bihar Engineering Services Class II. In that view of the matter the Government of Bihar took a cabinet decision in the meeting held on 16.6.87 for creating post of Assistant Engineer in NREP for those persons who were working on daily wages basis against the lower post of junior engineer and accordingly a decision was taken for appointment at least on ad hoc basis on the post of Assistant Engineer and thereafter for absorption of those engineers. Accordingly a list was prepared by the State of Bihar with respect to junior engineers who were degree holders and were performing duty in NREP in different district of State of Bihar. In the said list the name of the petitioner was included for the district of Hazaribagh. The petitioners case is that on the basis of aforesaid list a number of junior engineers, who were performing duty on daily wages basis, were appointed on ad hoc basis to the post of Assistant Engineer in NREP. Almost all the Junior Engineers (Civil) were appointed in the post of Assistant Engineer except a few including the petitioner. It is stated that the Engineer -in -Chief -cum -Special Secretary of the Rural Development Department, vide letter dated 30.3.89 forwarded the name of the petitioner and one Sri Ajit Kumar Sharma to the Engineer -in - Chief -cum -Additional Commissioner -cum -Special Secretary, Road Construction Department for consideration. When the petitioner was not appointed on the post of Assistant Engineer, he filed CWJC No. 3294/89 before the Patna High Court for regularisation of his services as Assistant Engineer. The aforesaid writ application was disposed of on 26.4.89 directing the Zila Parishad to consider the desirability of ad hoc absorption of the engineers working in NREP scheme within their jurisdiction taking into consideration the policy of the State Government. When the order and direction was not complied with by the respondent, the petitioner filed another writ application being CWJC No. 28/93. A Division Bench of the Patna High Court, vide order dated 28.7.93 disposed of the writ application and directed the Deputy Development Commissioner cum Chief Executive Officer of Zila Parishad to consider the grievances of the petitioner and to dispose of his representation by passing a reasoned order. In the meantime, the Deputy Development Commissioner, without considering the case of the petitioner, appointed respondent No. 4 against the post of Assistant Engineer on ad hoc basis. The petitioner again approached the Patna High Court by filing CWJC No. 3355/93 (R) assailing the aforesaid appointment of the respondent No. 4 and for a direction to the respondents to consider the case of the petitioner for appointment as an Assistant Engineer in terms of the earlier order passed by the Court. While the aforesaid writ application was pending for hearing the respondent No. 3 issued office order dated 1.9.94 in compliance of the order of the High Court and regularise the services of the petitioner by appointing him against a vacant post of Assistant Engineer. The petitioner, thereafter, started working on the post of Assistant Engineer. However, in 1995 another Deputy Development Commissioner joined in Zila Parishad and by his letter dated 31.5.95 addressed to the Director, Panchayat Raj, expressed his opinion that the appointment of the petitioner on the post of Assistant Engineer without making any advertisement and without any roster clearance, was illegal and further he recommended for cancellation of the said appointment. On the basis of the same recommendation the respondent No. 2 issued the impugned letter dated 18.5.96 informing the respondent No. 3 that the Government after due consideration held that the appointment of the petitioner as Assistant Engineer by the Deputy Development Commissioner was illegal and irregular. Consequently a final order of cancellation of appointment of the petitioner was issued on 5.7.96. The petitioner challenged the aforesaid order by filing CWJC No. 5806/96 at Patna. The Patna High Court by order dated 16.7.96 passed in CWJC No. 5806/96 directed the parties to maintain status quo. The Patna High Court finally passed an order in 1998 for returning of the writ petition (CWJC No. 5806/96) for presentation before the Ranchi Bench of the Patna High Court and accordingly the instant writ application was filed.

(3.) I have heard Mr. Ganesh Prasad, Sr. Advocate appearing for the petitioner and Mr. R.N. Sahay and Mrs. I. Sen Choudhary, learned counsels appearing for the respondents.