KISHORE KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN these writ petitions since, common question of law and facts are involved, the same have been heard and disposed of by this common judgment.

(2.) PETITIONERS have prayed for quashing the order as contained in letter dated 29.11.2003 issued under the signature of Joint Director (Headquarter), Directorate, of Employment, Jharkhand, Ranchi whereby services of the petitioners have been terminated on the basis of letter issued by Director, Directorate of Employment and Training, Government of Bihar vide memo dated 21.10.2003.

(3.) PETITIONERS ' further case is that thereafter petitioners were reinstated in service on 2.9.1995. Petitioners were again called upon to submit show cause with regard to validity of their appointment. In 2003 a Committee was constituted by the Labour, Employment and Training Department, Government of Bihar for making enquiry and the said Committee submitted its report on 5.7.2003. The Committee after considering the individual show cause and other documents of 61 persons, declared the appointment of 56 persons including all the 16 writ petitioners legal and valid. Copy of the inquiry report has been annexed as Annexure -13 to the writ petition. However, after bifurcation of the State and the allotment of cadres, the impugned order dated 21.10.2003 was issued under the signature of Director, Labour, Employment and Training, Bihar Patna whereby the appointment of 24 clerks in Jharkhand was declared illegal and the Government of Jharkhand was directed to take necessary action in the matter. On the basis of aforesaid letter of the Director, the impugned order of termination was issued by the Government of Jharkhand terminating the services of the petitioners.