ROHIT PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ application has been filed by the petitioners for the following reliefs:

(2.) Briefly stated, during 1981 to 1983, a large number of candidates including the Petitioners were appointed as Assistant Teachers without complying the prescribed procedures. When the said illegal appointments came to the notice of the higher authorities, the services of those candidates were terminated vide Memo No. 10966-69 dtd. 11/2/1985, issued pursuant to the order of the Director, Primary Education, Patna, Government of Bihar, passed on 13/11/1984. The said order of termination was subsequently challenged before the Patna High Court, where the Patna High Court directed the parties to maintain status quo. Consequently, the Petitioners were allowed to continue in service during the pendency of the writ petitions.

(3.) It has been submitted by Ld. Counsel for the Petitioners that the teachers appointed in the year 1982-83 by the then DSE, Hari Narayan Jha, had been terminated by the DSE, Dumka pursuant to the order passed by the Director, HRD, Patna vide order dtd. 13/11/1984. But, the present Petitioners were appointed in the year 1983-84 by Hari Narayan Thakur, the then DSE, and their services have never been terminated, though the notices for termination have been issued to the Petitioners and similarly situated teachers and vide Annexure-8 Series and 9, the Hon'ble Patna High Court has set aside the notices for termination of the Petitioners and others; as such the Petitioners' services have never been terminated and the contention of the DSE is misleading.