BRAJESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these four writ applications the petitioner have challenged the order dated 14-2-97 issued by respondent No. 4, Regional Directorm, Animal Husbandry Departmemt, Ranchi whereby the service of the petitioners have been terminated. The petitioners have further sought a direction to the respondents to release their salary which is due since Dec. 1995.

(2.) Petitioners' case, in a nutshell is that they joined the services in Animal Husbandry Department, Govt. of Bihar, sometimes in 1993-94 by the order of respondent No. 5, Regional Joint Director, Animal Husbandry Department, Ranchi. It is stated that the services of the petitioners was extended by respondent No. 5 till further orders vide order dated 8-7-95. It is contended that the petitioners (sic) but even then they were not paid their salary since Dec., 1999. The respondents instead of releasing their salary, issued show cause notices dated 19-12-96 asking them to show cause as to how they were illegally and arbitrarily joined the services. The petitioners filed their show causes but the respondents removed them from services by passing the impugned order dated 14-2-97.

(3.) A counter-affidavit has been filed on behalf of respondent No. 4, Regional Director Animal Husbandry, Ranchi stating inter alia that the petitioners were appointed on the post of Pravaidik Sahayak (T.A.) by Regional Joint Director, Animal Husbandry, Ranchi. The appointment was made on adhoc basis for six months which was then extended for indefinite period by the said Regional Joint Director. It is stated that the post of Pravaidik Sahayak is State cadre technical post and appointment to such post can be made only by the Director. Animal Husbandry on getting recommendation of' the State Subordinate Service Commission. When Animal Husbandry Scam came to light it was detected that a large number of illegal appointments were made by different regional offices who were never delegated with such powers. Respondents further case is that all these appointments were made surprisingly after the cut-off date by which all types of appointments were restrained and Govt. letter was circulated to all offices including the office of Regional Director, Animal Husbandry, Ranchi vide order dated 23.3.92.