JITENDRA KUMAR Vs. JHARKHAND INTERMEDIATE EDUCATION

JUDGEMENT

(1.) IN all these writ petitions common question of law and facts are involved and, therefore, these writ petitions have been heard and disposed of by this common order.

(2.) THE petitioners have prayed for quashing the office orders dated 23.2.2002 'and 26.2.2002, issued under the signature of respondent No. 3 the Secretary, Jharkhand Intermediate Education Council, Ranchi whereby the petitioners have been relieved from their duties who were working on the post of Assistant/Routine Clerk.

(3.) MR . M.S. Anwar, learned counsel appearing for the petitioners assailed the impugned order as being illegal, capricious and mala fide. Learned counsel submitted that admittedly the petitioners were appointed on casual basis in 1994, but after the creation of the State of Jharkhand and Jharkhand Intermediate Education Council the petitioners were given pay scale vide office order dated 7.1.2002. Not only that in 1999 posts were advertised and petitioners were interviewed. Thereafter a panel was prepared for regularization of the petitioners. Learned counsel submitted that in any view of the matter the impugned order is punitive in nature and therefore, liable to be quashed on the ground of violation of principles of natural justice. Learned counsel relied upon the decision of the Supreme Court in the case of V.P. Ahuja v. State of Punjab and Ors., 2000 Vol. 3 SCC 239.