LAWS(JHAR)-2008-7-107

SHAIKH IRSHAD AHMED Vs. STATE OF JHARKHAND

Decided On July 18, 2008
Shaikh Irshad Ahmed Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) PETITIONER has filed the instant writ application with a prayer for directing the respondents to count the services of the petitioner as continuity of service on and from his date of appointment i.e. 1.1.1989 and also to make payment of full back wages to the petitioner which has not been paid to him since November 1991 till 29.8.1992 and further, additional amount of salary accrued since after termination of his service on 23.7.1992 till the date of his reinstatement on 5.2.2000.

(2.) SHRI Mahesh Tiwari, learned counsel for the petitioner explains that the petitioner was employed in the Education Department under the State Government and he was absorbed in services on 1.1.1989. Aftar he put in continued service till July 1992, he was served with an order of termination of his service on 23.7.1992 on the ground that his appointment was not in consonance with the procedure inasmuch as, the authority under whose instruction appointment was made, did not have the powers to sanction for the appointment.

(3.) IT appears from the Annexure including the copy of the judgment passed in CWJC No. 520 of 1996(R) filed by the petitioner and others that by order dated 3.3.1998 the observation corresponding to a direction to the respondents was recorded in the following terms: -