DINESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant who is one of the several petitioners in the writ petition W.P.(S) No. 161 of 2005, has failed the instant appeal against the order dated 1.9.2007 passed by the learned single Judge dismissing the writ petition.

(2.) CHALLENGE in the writ petition was made against the order contained in Memo No. 763 dated 30.6.2005 passed by District Education Establishment Committee issued under the seal and signature of the District Superintendent of Education, Pakur, whereby petitioner/appellant and his co -petitioners were removed from service.

(3.) THE main grievance of the petitioner in the writ application was; 1. that the impugned order of termination so passed without issuing any show -cause notice was illegal and in violation of the principle of natural justice. 2. that the impugned order of termination was illegal on account of the fact that it was passed in violation and in contempt of the order of stay granted by the Patna High Court in CWJC No. 405 of 1985 dated 21.2.1985 and also when the writ petition W.P.(S) No. 161 of 2005 was subjudice. 3. that the reason which was stated for termination of services of the petitioners, namely that name of the petitioner and similarly situated other applicants did not find place either in the selection list or in the waiting list, nor was there any order in their favour, is factually incorrect as because, even after application of the final pane, the petitioner and similarly situated other candidates continued to remain in service and draw their monthly salary regularly. 4. that the application of rule relating to age bar against the petitioner was illegal since the petitioner being a handicapped person, was entitled to relaxation of age till the age of 45 years as per the original advertisement issued for the appointment of teachers.