RAJ NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the present writ application the petitioners have prayed for quashing the order as contained in Annexure 3, i.e., the letter dated 16.9.1993 issued by the Director, Primary Education, Bihar. Patna directing the District Superintendent of Education, Palamau to terminate the services of the writ petitioners of C.W.J.C, No. 2042 of 1992 (R) who were working as Orderly/Maids and after paying the salary from 1.12.1990 till the date of their termination. Further prayer is for quashing the order dated 3.12.1993 as contained in Annexure 4 series whereby the District Superintendent of Education, Palamau passed an order of termination of the petitioners pursuant to the order of the order Director, Primary Education.

(2.) THE petitioner No. 1 Rajnath Ram was appointed as Orderly/Peon on 18.12.1984 and he joined in Primary Girl 'sSchool, Haidar Nagar, Palamau. Petitioner No. 2 Harihar Ram was appointed as Orderly/Peon on 20.10.1984 and he joined in Government Middle School, Kandi, Palamau. Petitioner No. 3 Kaushalya Devi was appointed on 3.1.1985 as Maid (Dai) and she joined in Government Primary School (Urdu), Haider Nagar. Petitioner No. 4 Saraswati Devi was also appointed as Maid (Dai) on 16th January, 1985 and she joined in Government Girls Primary School, Nagar Utari, Palamau. Petitioner No. 5 Champa Devi was also appointed as Maid (Dai) on 31.12.1985 and she joined Government Girl 'sMiddle School, Bishrampur. Petitioner No. 6 Satyadeo Shukla was appointed as Orderly/Peon on 22.10.1984 and he joined Government Middle School, Silidag, Palamau and Petitioner No. 7 Paraspati Devi was appointed as Maid (Dai) on 3.1.1985 and she joined in Urdu Primary School, Kasab Mohalla, Daltonganj.

(3.) THE case of the petitioners is that they were working in the respective posts which were already sanctioned but their services were wrongly terminated: on the ground that the posts against which they were holding had already been abolished and therefore, no appointment could have been made against the posts which are not existent.