UPENDRA NATH VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Abhay Kr. Mishra, learned counsel for the appellant, Mr. Aditya Raman, learned AC to GA-III and Ms. Diksha Dwivedi, learned AC to GA (Bihar).

(2.) This appeal is directed against the order dtd. 24/4/2023 passed by the learned Single Judge in W.P.(S) No. 376 of 2013, whereby and whereunder the writ application preferred by the appellant against his order of termination as contained in Memo No. 927 dtd. 1/11/2012 has been dismissed.

(3.) The factual aspects of the case reveal that the writ petitioner, pursuant to an advertisement dtd. 27/11/1987 applied for the post of Assistant Teacher and being successful he was appointed on the said post and was posted at General High School, Rosma, Purnia vide Memo No. 1260-1298 dtd. 10/4/1988. Due to some personal reasons the writ petitioner did not give his joining in the said school and instead requested for a transfer which was accepted and vide Memo No. 511-5 dtd. 16/8/1989 the petitioner was transferred from General High School, Rosma, Purnia to Rama Sahu Arya Vaidya Ucch Vidyalaya, Garhwa, Palamu. The petitioner had, accordingly, submitted his joining which was accepted and the Principal of the said school had informed the District Education Officer of the same vide letter dtd. 5/9/1989. It has been urged by the petitioner that a letter was issued in the year 2003 for submitting the entire documents to the Principal, Rama Sahu Arya Vaidya Ucch Vidyalaya, Garhwa and in compliance thereof the original record as well as the service book and other testimonials with respect to the petitioner were handed over to the District Education Officer, Garhwa vide letter dtd. 12/6/2003. The petitioner was in receipt of a show-cause notice as contained in letter no. 353 dtd. 21/6/2003 issued by the District Education Officer, Garhwa wherein the petitioner was asked to submit his reply on five issues as demarcated in the show cause notice. The petitioner had duly given a reply justifying his stand on all the issues raised. After a hiatus of seven years the District Education Officer, Garhwa vide letter no. 909 dtd. 8/9/2010 addressed to the Principal of the school of posting of the petitioner had directed to submit all the original documents relating to the service of the petitioner for verification. The petitioner was asked to appear in person to reply to certain allegations made against him and in compliance thereof the petitioner had submitted his show- cause reply dtd. 8/12/2010 wherein such allegations were refuted. The petitioner was again in receipt of a letter as contained in letter no. 710 dtd. 17/8/2012 issued by the District Education Officer whereby the appointment of the petitioner was termed as illegal appointment. The petitioner had replied to the letter dtd. 17/8/2012 and the illegal appointment of the petitioner has been sought to be continued by harping on the fact that the petitioner has continuously worked for 24 years without any blemish and that all the testimonials were verified prior to his joining and he has also received salary on a regular basis. However, vide letter no. 927 dtd. 1/11/2012 issued by the District Education Officer, Garhwa, the service of the petitioner has been terminated on the ground that the appointment itself was illegal. The order of termination dtd. 1/11/2012 was under challenge in W.P.(S) No. 376 of 2013 which was dismissed on 24/4/2023 by the learned Single Judge and which is the order impugned to the present appeal.