LAWS(JHAR)-2018-8-84

SHAILESH KUMAR TIWARI, SON OF SHREE SHAMBHU NATH TIWARI Vs. STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY

Decided On August 16, 2018
Shailesh Kumar Tiwari, Son Of Shree Shambhu Nath Tiwari Appellant
V/S
State Of Jharkhand Through Principal Secretary Respondents

JUDGEMENT

(1.) The petitioners are aggrieved of order dated 04.08.2016 by which their engagement as Data-entry Operator has been discontinued purportedly on the ground that they were paid honorarium under 13th Finance Commission.

(2.) Plea urged on behalf of the petitioners is that the impugned order proceeds on a wrong factual premise and they who were appointed through a valid procedure adopted by the employer cannot be replaced through another set of Data-entry Operators who also are contractual employees.

(3.) Mr. Manoj Tandon, the learned counsel for the petitioners to fortify the aforesaid contention has relied on a decision in Hargurpratap Singh Vs. State of Punjab and Others, (2007) 13 SCC 292.