MD. GYASUDDIN KHAN, SON OF LATE MUSTAFA KHAN, RESIDENT OF MEGHAWAL, P.O. MEGHAWAL MALTIA, P.S. RAMNAGAR, DISTRICT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed by the petitioner praying to release his salary from Sept., 2006, as the same, according to him, has been illegally withheld. He further prayed to call for, and quash the letter no.1574 dated 29.09.2004, by which the service of the petitioner has been terminated in light of the order no. 420 dated 22.03.2003. He also prayed to quash the letter No. 420 dated 22.03.2003 issued by the respondent no.5, by which direction was issued to terminate the services of the employees who were appointed only for a period of three months.

(2.) The petitioner was appointed vide office order No. 35, memo no. 330 dated 24.04.1987, as Forest Produce Overseer. The said appointment was for three months, temporarily up to 15.07.1987. The petitioner continued in service beyond the period of three months. Letter No. 420 dated 22.03.2003, was issued by the Managing Director of Bihar State Forest Development Corporation Limited, by which those persons, whose names figure in the annexure were directed to be removed from the services, on the ground that their appointments were temporary in nature and was for a limited period. Though the name of the petitioner was not incorporated in the said annexure-1, but later on vide letter No. 49 dated 12.01.2007, the name of the petitioner was deemed to be included as one of those, whose appointment, was also to be terminated, in terms of letter No. 420 dated 22.03.2003. The petitioner was thus terminated from service.

(3.) Counsel for the petitioner submits that the termination of this petitioner is absolutely bad and he could not have been dismissed, in the manner, by which it has been done. He further submits that till date, in spite of the said order, he is continuing in service for which he is entitled to get his salary. Lastly, it is submitted that the impugned letter No. 420 dated 22.03.2003 was issued by the Managing Director, Bihar State Forest Development Corporation Limited, and not by the Jharkhand State Forest Development Corporation Limited, thus the same is not binding and cannot be applied, so far as this petitioner is concerned.