(1.) THIS L. P. A. is directed against the order dated August 22, 2006 passed in W. P. (S) No. 2021/2003, by the learned single Judge dismissing the Writ Petition filed by the appellants wherein, they challenged the letter no. 420 dated March 22, 2003 issued by the managing Director, Bihar State Forest development Corporation Limited terminating the services of 39 persons including the petitioners on the ground that they were illegally appointed.
(2.) THE case of the appellants is that they were working on daily wage basis under the bihar State Forest Development Corporation limited after being appointed as such after following the due procedures. Their services were taken over by the newly created Jharkhand state Forest Development Corporation Limited and therefore, the Bihar State Forest development Corporation Limited, who had issued the impugned letter No. 420 dated March 22, 2003 terminating the services of the appellants had no jurisdiction to do so. Only the jharkhand State Forest Development corporation had the authority and jurisdiction to take any action against the appellants, if any, since their services were taken over by the jharkhand State Forest Development. Corporation after its creation.
(3.) THE learned single Judge, after considering the statements made in the counter affidavit by Jharkhand State Forest development Corporation, wherein it was stated that no formal cadre bifurcation was made nor the services of the petitioners/ appellants were taken over by the Jharkhand state Forest Development Corporation limited, held that there is nothing on the record to suggest that the services of the petitioners/ appellant were taken over/absorbed under the jharkhand State Forest Development corporation Limited and therefore, it cannot be accepted that the petitioners/appellants were the employees of the Jharkhand State Forest development Corporation Limited and in such a situation, the Managing Director of Bihar state Forest Development Corporation had the jurisdiction to terminate the services of the writ petitioners and the others if their appointments were found to be illegal. On consideration of facts and material on record, the learned single Judge also held that there is nothing on the record that any advertisement was published in the News Paper for appointment against the post against which the petitioners/appellants were appointed. It was also held that the petitioners/appellants and others were working on daily wages. Interview, if any, as claimed by the petitioner was taken from amongst the daily wage employees, without giving opportunity to any outsiders and without issuing any interview letter to any individuals including the petitioners/ appellants. Even no Selection Committee was constituted in accordance with the guidelines of the State and straightaway, the appointments were made from amongst the daily wage employees. Even no scheme was framed by the bihar State Forest Development Corporation limited or by the Jharkhand Stage Forest development Corporation Limited to absorb the daily wage employees and in absence of such scheme for absorption, as no advertisement was issued in the News Paper, the appointment of the petitioners/appellants were illegal in view of the decision in the case of secretary, State of Karnataka v. Uma Devi AIR 2006 SC 1806 : (2006) 4 SCC 1 : (2006) 2 MLJ 326 : 2006-II-LLJ-722 and in the case of Jayant kumar Tiwary v. State of Jharkhand and others passed in W. P. (S) No. 7051/2005" of this Court.