RAJENDRA PRASAD Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner, by way of this petition, has prayed for quashing of the order dated 18.05.1999 (Annexure-13) passed by the respondent No. 3, whereby representation of the petitioner has been rejected. The petitioner has further prayed for issuance of direction to reinstate the petitioner without breakage of service and also for the payment of due salary.

(3.) It is the case of the petitioner that he was appointed in pursuance to the Advertisement, dated 4.6.1993, Issued by the Regional Deputy Director of Education, Hazaribagh. According to the petitioner, he was interviewed in response to Interview letter dated-12.07.1993 by the Regional Deputy Director of Education, Hazaribagh and thereafter, he was selected and appointed on the post of Assistant by appointment order, dated 17.09.1993, against sanctioned vacant post on regular basis and upon his appointment, he Joined the services by submitting the joining report on 21.09.1993. It is the case of the petitioner that despite Joining of service on 21.09.1993, he was not paid his salary and therefore, he was constrained to file a writ petition vide C.W.J.C. No. 2690 of 1995 (R) and the said writ petition was disposed of as per order dated 13th December. 1995 whereby the petitioner was asked to make representation before the authority concerned i.e. the District Education Officer (respondent No. 4) within 15 days from the date of the order and the respondent No. 4 was also directed to decide the matter by assigning reasons within one month after affording an opportunity of hearing the petitioner. It was further directed that if the petitioner's appointment is found legal and valid, then In that case, the payment should be made forthwith in respect of arrears of pay and current payment. Thereafter, vide letter dated-12th January, 1996, the petitioner was asked to appear in person before the District Education Officer and after hearing the petitioner, the order was passed by the District Education Officer. Dhanbad, dated 29th March. 1996 and thereby the appointment/services of the petitioner was treated as regular service and accordingly, the payment of salary was also ordered to be released. Thereafter, the petitioner was transferred on 01st June, 1996 and accordingly, he resumed his duty at the place of transfer on 02.07.1996 and thereafter the Principal of the School has reported to the District Education Officer regarding his resumption of duty vide its letter, dated-11.09.1996. Thereafter, the then District Education Officer vide its order dated 16th May, 1997, which is produced vide Annexure-10, has terminated the services of the persons who were appointed on the post of Class III and Class IV during the tenure of the former District Education Officer, Shri Tete Benedict as the said appointments were made illegally by the then District Education Officer. On the basis of the order dated- 16th May, 1997, passed by the District Education Officer, declaring all the appointments done by Tete Benedict, former District Education Officer, illegal, as the same was done without having any authority, the relieving order was passed by the Principal, Jharia Raj High School and the same was served upon the petitioner on 30th May, 1997 and thereby the petitioner was ordered to be relieved from the services. According to the petitioner, the termination of the petitioner vide order dated 30th May, 1997, which was came to be passed in pursuance to the order dated 16th May, 1997, is illegal, as the order dated- 16th May, 1997, passed by the District Education Officer was in respect with the appointments done by the former District Education Officer, Shri Tete Benedict, whereas the petitioner was appointed by the Regional Deputy Director of Education, Shri Surajmani Khalkho, as per its order dated 17.09.1993, which is produced as Annexure-3.