Patna High Court - Orders
Ramesh Chandra Singh & Anr vs The State Of Bihar & Ors on 11 January, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5946 of 1997
With
CWJC No. 7466 of 2003
(1) Ramesh Chandra Singh, son of Sri Gaya Prasad Singh, village Jaitapur, PS
Palanwa, Dist. East Champaran.
(2) Vinod Kumar Pandey, son of Sri Satya Narain Pandey, village Parsurampur, PS
Turkolia, District East Champaran - Petitioners in both the cases.
Vs.
(1) The State of Bihar,
(2) The Director, (Secondary Education), Secondary, Primary and Mass Education
Department, Bihar, Patna.
(3) The Dist. Education Officer, West Champaran.
(4) The Principal , Raj Inter College, Bettiah, West Champaran - Respondents in CWJC No.
5946/1997.
...
CWJC No. 7466 of 2003:
(1) The State of Bihar,
(2) The Director (Secondary Education), Bihar, Patna.
(3) The Dist. Education Officer, West Champaran - Respondents.
...
11 11.1.2011The petitioners have filed CWJC No. 5946 of 1997 for payment of salary from 1995-96. During the pendency of the writ petition an order contained in Annexure 14 was issued terminating the services of the petitioners and three others who were appointed in the same transaction by a common order. The order of termination contained in Annexure 14 has dealt with the cases of all five persons, terminating them on the ground that they were not appointed by an open advertisement and their names were not recommended by Vidalya Sewa Board.
The petitioners were appointed under an scheme by which forty posts of Lab. Assistants were created by the State Government by an order, dated 8.11.1988 under the National Education Scheme.
Shorn of a all the unnecessary facts it may be stated 2 that two out of the five persons terminated by Annexure 14, filed CWJC No. 569/1999. The court after discussing the circumstances of their appointment and termination held as follows :
"Till regular appointment is made, the impugned order dated 12.1.1999 shall remain in abeyance. It is expected that the regular appointment will be made within a period of six months from the date of receipt / production of a copy of this order."
In pursuance of the aforesaid order, the two persons, namely, Sudhir Kumar and Arun Kumar Srivastava were eventually reinstated in service. The State challenged the order passed in CWJC No. 569/1999 by filing LPA No. 1536/2000 which was dismissed on 1.12.2000. Thereafter the State of Bihar filed an S.L.P. before the Supreme court which was also dismissed on 5.1.2002 on the ground of delay and laches. After the dismissal of the letters patent appeal and the S.L.P. Ajay Kumar Srivastava filed CWJC No. 13969 of 2002 praying for the relief granted to Sudhir Kumar and Arun Kumar Srivastava vide order, dated 14.3.2000 passed in CWJC No. 569/1999. This court considering the plea of Ajay Kumar Srivastava, gave the aforesaid petitioner the same relief as were granted in CWJC No. 569/1999. Ajay Kumar Srivastava was directed to be reinstated in service.
After the reinstatement of Sudhir Kumar and Arun Kumar Srivastava the petitioners filed the second writ petition being CWJC No. 7466/2003 in which the petitioners have prayed that they too may be given the same relief as were granted by this court to the petitioner of CWJC No. 569/1999. It is apparent that the writ petitions of Ajay Kumar Srivastava and these petitioners 3 were filed in the same year i.e. 2003, whereas the matter of Ajay Kumar Srivastava was heard by this court, the writ petitions of these two petitioners remained pending.
It is submitted that these petitioners would be entitled to the same relief as granted by this court in the case of three others who are similarly situated to the petitioners and were terminated vide Annexure 14. I find that there is no distinction between the case of these two petitioners and the case of Sudhir Kumar, Arun Kumar Srivastava and Ajay Kumar Srivastava. The cases of all the three persons are similar and as such I direct that the petitioners may be reinstated in service and be allowed to join as Lab. Assistants in the district of West Champaran against any vacant posts in terms of the orders passed in CWJC No. 569/1999.
These writ petitions are thus allowed.
haque ( Sheema Ali Khan, J.)