JAIRAM MIRDHA WITH KUNDAN KUMAR DAS WITH SURESH KUMAR CHAUDHORY WITH BANKEY LAL RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL these writ petitions have been preferred by the petitioners against a common order, contained in Memo No. 1910 dated 31st March, 2001, issued by the Registrar, Co -operative Societies, Bihar, whereby and whereunder, the services of the petitioners were cancelled, alleging Illegal appointments.

(2.) ACCORDING to the petitioners, Class IV posts, like Peons, Jeep drivers, Night Guards etc. are of divisional cadre in the State Government. Vide Memo No. 1626 dated 10.8.1981, issued from the Co -operative Department. Government of Bihar delegated power to the Joint Registrars, Co -operative Societies, to make appointments against Class IV posts, under their respective divisions. It is stated that the earlier circular, issued by the State from the Personnel and Administrative Department vide letter No. 16441 dated 3.12.1980, in relation to appointments against Class IV posts, was ordered to be ignored.

(3.) THE matter was on heard 11th May, 2001 and the Court took into consideration the question as was raised, including the question as to whether the Registrar, Cooperative Societies, Government of Bihar, Patna, has jurisdiction to issue an order of termination in respect to the employees of Co - operative Department, posted within the State of Jharkhand or not. The other question, as was raised to be determined, was whether the circular, issued by the State of Bihar dated 3rd December, 1980, is applicable in the matter of appointment of Class IV employees of the Co -operative Department of the State where the appointing authority is the Joint Registrar of a Division, which consists of divisional cadre of different districts.