STATE OF JHARKHAND Vs. RAM PRAVESH KUMAR

JUDGEMENT

(1.) The instant Letters Patent Appeal is directed against the order dated 22.03.2004 passed in W.P(S) NO.1110/2002 whereby Memo no.600 dated 05.06.1998 issued by the Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar terminating the services of the petitioner/respondent was quashed.

(2.) The respondent/petitioner in the aforesaid writ averred that the respondent/petitioner was appointed as Janzeerbahak or Chainman on temporary basis in the pay scale of Rs.350--425/- vide Memo no.169 dated 11.12.1986 issued by the Rehabilitation Officer of Medium Irrigation Project, Ranchi; that vide letter no.194 dated 12.01.1989 issued by the Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar he was promoted to the post of Mapak; that the Director, Land Acquisition and Rehabilitation by letter dated 18.03.1993 directed the Special Land Acquisition Officer of the Department to submit the relevant information in the prescribed form so that the services of the persons who had been appointed on adhoc basis could be regularized; that by letter no.1618 dated 31.05.1994 a show cause was issued to the petitioner/respondent as to why his services be not terminated and the petitioner/respondent submitted his reply; that again after two years another show cause contained in letter no.3854 dated 29.11.1996 was issued by the Director, Land Acquisition and Rehabilitation to which petitioner replied; that again a show cause was served on the petitioner/respondent vide letter dated 19.06.1997; that thereafter vide Office Order no.600 dated 05.06.1998 the order of termination of the petitioner/respondent from service was issued against which the aforesaid writ petition was filed.

(3.) Learned counsel for the State/appellant has submitted that 17 employees who were similarly situated had challenged their termination orders before the Patna High Court in CWJC NO.3348/1997 and analogous cases and the Patna High Court by a common order dated 10.01.2002 had quashed the termination orders of the writ petitioners against which State of Bihar had preferred L.P.A.No.678/2000 with analogous cases and the Division Bench of the Patna High Court was pleased to allow the appeal filed by the State Government and dismissed the appeals filed by the writ petitioners which is at Annexure-10 of the present appeal.