NARESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court 1. The petitioner has filed writ petition seeking quashing of order dated 12.10.2001 whereby his service has been terminated w.e.f. 12.10.2001.

(2.) It is stated in the writ petition that the petitioner was appointed on 27.8.1991 in Grade-IV in the Animal Husbandry Department and thereafter he has been discharging his duty regularly. However, as the petitioner was not paid his salary, he moved the High Court in C.W.J.C. No. 25 of 2001 which was disposed of by order dated 5.1.2001 in the following terms:

(3.) In terms of above direction of the High Court, the petitioner submitted representation on 19.2.2001 contending that Regional Director, Animal Husbandry Department was empowered to make appointment in Grade-IV prior to 28.10.1991 and since the petitioner was appointed on 27.8.1991 by the Regional Director, Animal Husbandry Department, he has been validly appointed and therefore he is entitled for payment of salary etc. However, as the petitioner was not paid his salary he moved Contempt(C) No. 648 of 2001 which was disposed of on 15.6.2002 and the proceeding was dropped. In the meantime by order dated 12.10.2001 the service of the petitioner was terminated on the ground that his appointment was illegal. The petitioner has challenged the said order by filing the present writ petition. When the matter was listed on 18.2.2003 the learned counsel for the respondent was directed to file a supplementary counter-affidavit annexing a copy of show-cause notice given to the petitioner before passing the impugned order.