DEVENDRA NATH PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. A.K. Sahani, learned counsel for the petitioner and Mr. K.K. Jhunjhunwala, learned Government Pleader No. III for the respondents and with their consent, the writ petition is being disposed of at this stage.

(2.) BY order dated 3.8.2002 as contained in Annexure 4, the petitioner was removed from service on the ground that he was appointed irregularly after the cut off date i.e. 1.1.1988. The respondents have brought on record the letter by which the aforesaid cut off date was made a yardstick for purposes of terminating the services of persons appointed thereafter i.e. after 1.1.1988. .

(3.) ADDITIONALLY , in a similar matter, in the case of Abhay Kumar Pandey, who was also removed on the basis of the aforementioned circular/policy of the Government relating to the cut off date, the matter fell for judicial scrutiny vide CWJC No. 699 of 1998 and the Honble Single Judge of the Patna High Court relying on two judgments of the Honble Supreme Court of India held that an employee who has continued on a post for several years should not be terminated. Those judgments were the cases of Roshni Devi and Ors. v. State of Haryana and Ors., (1998) 8 SCC 59 and Union of India and Ors. v. Kishorilal Bablani. AIR 1999 SC 517, respectively.