KALPANA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Seeking quashing of order dated 20.06.1997 whereby the service of the petitioner was terminated, the petitioner has filed the present writ petition. The facts disclosed in the writ petition are that the petitioner was appointed as a 'Ganak' by office order dated 13.10.1990 by the Regional Director Animal Husbandry Department. The petitioner joined the post of Ganak with effect from 15.10.1990. The service of the petitioner was terminated by order dated 20.06.1997 on the ground that her appointment was irregular and illegal. The petitioner has raised a contention that power to appoint on Class-III and Class-IV post was vested with the Regional Director prior to 28.10.1991 and since she was appointed on 13.10.1990, her appointment was valid. Reliance on the judgment in case of 'Parijat Kumar Bhui' passed in W.P. (S) No. 2558 of 2001, has been placed by the petitioner.

(2.) A counter-affidavit has been filed in which it has been stated that the post of Ganak is a State level post and the Director, Animal Husbandry was the only competent authority to make appointment on the said post. The Regional Director had no power to make appointment on the said post. When it was found that illegal appointments were made by the Regional Director, a direction was issued for terminating the service of all such illegally appointed Ganaks. It has been further stated that by resolution dated 20.04.1981 it has been provided that appointment on Class-Ill post would be made on the recommendation of the then Bihar State Subordinate Service Selection Board. In case of the petitioner, neither any advertisement was issued nor the Bihar State Subordinate Service Selection Board have recommended her case. She was appointed on ad-hoc basis ignoring the circular dated 11.06.1986, therefore her appointment was illegal.

(3.) Heard the learned counsel appearing for the parties and perused the documents on record.