Patna High Court - Orders
The State Of Bihar &Ors vs Rameshwar Prasad & Anr on 22 May, 2009
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.448 of 2009
THE STATE OF BIHAR & ORS
Versus
YOGENDRA RAI
WITH
LPA No.662 of 2009
THE STATE OF BIHAR & ORS
Versus
BABU RAM YADAV
WITH
LPA No.463 of 2009
THE STATE OF BIHAR & ORS
Versus
PANCHANAND YATI
WITH
LPA No.469 of 2009
THE STATE OF BIHAR & ORS
Versus
VIJAY SHANKAR CHAUBEY
WITH
LPA No.470 of 2009
THE STATE OF BIHAR & ORS
Versus
INDU BALA SRIVASTAVA
WITH
LPA No.488 of 2009
THE STATE OF BIHAR & ORS
Versus
SHEOJEE YADAV
WITH
LPA No.490 of 2009
THE STATE OF BIHAR & ORS
Versus
CHUNNI LAL PRASAD
WITH
LPA No.491 of 2009
THE STATE OF BIHAR & ORS
Versus
SMT.MUNNI KUMARI
WITH
LPA No.492 of 2009
THE STATE OF BIHAR & ORS
-2-
Versus
HARI SHANKAR YADAV
WITH
LPA No.497 of 2009
THE STATE OF BIHAR & ORS
Versus
RAMAYAN YADAV
WITH
LPA No.507 of 2009
THE STATE OF BIHAR &ORS
Versus
NAND JEE PRASAD
WITH
LPA No.508 of 2009
THE STATE OF BIHAR & ORS
Versus
GITA PANDEY
WITH
LPA No.512 of 2009
THE STATE OF BIHAR &ORS
Versus
YOGENDRA KUMAR TRIPATHY
WITH
LPA No.513 of 2009
THE STATE OF BIHAR & ORS
Versus
PARAS NATH PANDEY
WITH
LPA No.515 of 2009
THE STATE OF BIHAR & ORS
Versus
NANDJI PRASAD
WITH
LPA No.534 of 2009
THE STATE OF BIHAR & ORS
Versus
DAYA SHANKAR UPADHYAY
WITH
LPA No.542 of 2009
THE STATE OF BIHAR & ORS
Versus
MADAN PRASAD YADAV & ANR
WITH
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LPA No.543 of 2009
THE STATE OF BIHAR & ORS
Versus
RAMDEO YADAV & ANR
WITH
LPA No.546 of 2009
THE STATE OF BIHAR & ORS
Versus
RADHE SHYAM MISHRA
WITH
LPA No.552 of 2009
THE STATE OF BIHAR & ORS
Versus
BRAJRAJ BHAKTA
WITH
LPA No.554 of 2009
THE STATE OF BIHAR & ORS
Versus
BIRENDRA KUMAR SHARMA
WITH
LPA No.559 of 2009
THE STATE OF BIHAR & ORS
Versus
RAM HRIDYA RAY
WITH
LPA No.560 of 2009
THE STATE OF BIHAR & ORS
Versus
RAJENDRA YADAV @ RAJENDRA CHAU
WITH
LPA No.562 of 2009
THE STATE OF BIHAR &ORS
Versus
RAMESHWAR PRASAD & ANR
WITH
LPA No.565 of 2009
THE STATE OF BIHAR & ORS
Versus
DEVDATTA RAM
WITH
LPA No.568 of 2009
THE STATE OF BIHAR & ORS
-4-
Versus
SURENDRA PRASAD & ANR
WITH
LPA No.574 of 2009
THE STATE OF BIHAR & ORS
Versus
SADA NAND BAITHA & ANR
WITH
LPA No.575 of 2009
THE STATE OF BIHAR & ORS
Versus
LAKSHMI PRASAD YADAV & ANR
WITH
LPA No.578 of 2009
THE STATE OF BIHAR & ORS
Versus
KUMARI DEOSUNDARI & ANR
WITH
LPA No.582 of 2009
THE STATE OF BIHAR & ORS
Versus
RAJ KISHORE SINGH
WITH
LPA No.589 of 2009
THE STATE OF BIHAR & ORS
Versus
AJAY KUMAR SHRIVASTAVA & ANR
WITH
LPA No.597 of 2009
THE STATE OF BIHAR & ORS
Versus
SURESH CHANDRA PRASAD
WITH
LPA No.598 of 2009
THE STATE OF BIHAR & ORS
Versus
KESHAV KUMAR MISHRA & ANR
WITH
LPA No.599 of 2009
THE STATE OF BIHAR & ORS
Versus
JAY KISHORE PARBAT
WITH
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LPA No.600 of 2009
THE STATE OF BIHAR & ORS
Versus
BRIJ NATH YADAV
WITH
LPA No.604 of 2009
THE STATE OF BIHAR & ORS
Versus
VISHWAMBHAR SHARMA
WITH
LPA No.605 of 2009
THE STATE OF BIHAR & ORS
Versus
RAMENDRA TIWARY
WITH
LPA No.606 of 2009
THE STATE OF BIHAR & ORS
Versus
MUKTI NATH CHOUDHARY
WITH
LPA No.607 of 2009
THE STATE OF BIHAR & ORS
Versus
MINA KUMARI
WITH
LPA No.608 of 2009
THE STATE OF BIHAR & ORS
Versus
MAHESH PRASAD YADAV & ANR
WITH
LPA No.609 of 2009
THE STATE OF BIHAR & ORS
Versus
BIRENDRA PRASAD
WITH
LPA No.610 of 2009
THE STATE OF BIHAR & ORS
Versus
SUNAINA DEVI
WITH
LPA No.611 of 2009
THE STATE OF BIHAR & ORS
-6-
Versus
ASHOK KUMAR CHATURVEDI@ASHOK K
WITH
LPA No.618 of 2009
THE STATE OF BIHAR & ORS
Versus
NAGDEO SINGH & ANR
WITH
LPA No.624 of 2009
THE STATE OF BIHAR & ORS
Versus
SHAMBHU NATH UPADHYAY
WITH
LPA No.629 of 2009
THE STATE OF BIHAR & ORS
Versus
NANDJI BHAGAT
WITH
LPA No.632 of 2009
THE STATE OF BIHAR & ORS
Versus
RABINDRA KUMAR SINGH & ANR
WITH
LPA No.633 of 2009
THE STATE OF BIHAR & ORS
Versus
HARE RAM YADAV
WITH
LPA No.634 of 2009
THE STATE OF BIHAR & ORS
Versus
RAM PRAVESH
WITH
LPA No.635 of 2009
THE STATE OF BIHAR &ORS
Versus
BACHCHA LAL SINGH
WITH
LPA No.636 of 2009
THE STATE OF BIHAR & ORS
Versus
SURENDRA SHARMA
WITH
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LPA No.637 of 2009
THE STATE OF BIHAR & ORS
Versus
MRITUNJAY KUMAR PRASAD
WITH
LPA No.638 of 2009
THE STATE OF BIHAR & ORS
Versus
RAM NARESH CHAUDHARY
WITH
LPA No.639 of 2009
THE STATE OF BIHAR & ORS
Versus
GORAKH PRASAD
WITH
LPA No.646 of 2009
THE STATE OF BIHAR & ORS
Versus
BACHHA SINGH
WITH
LPA No.648 of 2009
THE STATE OF BIHAR & ORS
Versus
GAYA SINGH
WITH
LPA No.663 of 2009
THE STATE OF BIHAR & ORS
Versus
CHANDRA GHOSH PRASAD
WITH
LPA No.664 of 2009
THE STATE OF BIHAR & ORS
Versus
PRABHU NATH RAI
WITH
LPA No.665 of 2009
THE STATE OF BIHAR & ORS
Versus
PARAS NATH SINGH
WITH
LPA No.668 of 2009
THE STATE OF BIHAR & ORS
-8-
Versus
RAJENDRA YADAV
WITH
LPA No.669 of 2009
THE STATE OF BIHAR & ORS
Versus
SRI BHAGWAN TIWARI
WITH
LPA No.670 of 2009
THE STATE OF BIHAR & ORS
Versus
MANAN TIWARI
WITH
LPA No.676 of 2009
THE STATE OF BIHAR & ORS
Versus
DEEP NARAIN PATHAK
WITH
LPA No.679 of 2009
THE STATE OF BIHAR & ORS
Versus
RABINDRA CHOUBEY
WITH
LPA No.681 of 2009
THE STATE OF BIHAR & ORS
Versus
VYAS PATHAK
WITH
LPA No.694 of 2009
STATE OF BIHAR & ORS
Versus
SHIVDENEE PRASAD YADAV
WITH
LPA No.705 of 2009
THE STATE OF BIHAR & ORS
Versus
SUGRIVA BAITHA
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For the Appellants : M/S. Lalit Kishore, AAG III &
Prabhakar Tekriwal, G.A. I
For the Respondents : M/S. Chittaranjan Sinha, Sr. Advocate, Umesh Kumar
Mishra, Suresh Prasad Singh No. I & Vitesh Kumar Singh
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3 22/05/2009Heard learned counsel for the appellants State of Bihar and learned counsel for the private respondents in various appeals.
The limitation in preferring these appeals, after hearing the parties and considering the facts stated in the connected applications, is condoned.
On going through the orders under appeal, we find that the writ Courts have interfered with the orders of termination challenged by the writ petitioners only on the ground that the apex Court had permitted the terminated employees, in spite of valid termination orders in 1985, to continue in service on the concerned posts till the respondent State completes the process of selection afresh.
Presently the State has resorted to remove the concerned employees afresh without completing the process of selection afresh in which the affected employees who have continued could also be considered. We do not find any illegality or error in the orders passed by the writ Courts and, hence, we have no option but to dismiss these appeals preferred by the State of Bihar. They are dismissed accordingly.
Before parting with these appeals, we must express our anguish over the inaction of the State respondents in not completing the process of selection which was required to be done in the light of the order of the Supreme Court dated 30.9.1986 passed in S.L.P. Nos. 12061-70 of 1986. On account of such inaction by the concerned authorities of the State of Bihar, persons like the writ petitioners, whose services were terminated in 1985, have managed to continue to
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work on their respective posts for more than two decades and enjoy all the perks. Their termination was found valid long back by the Division Bench of this Court as well as by the apex Court as they did not have even the necessary qualification in terms of the Recruitment Rules for the post of Teacher in Basic school .
It is understandable that in such a situation the vested interests are expected to exert pressure and abort the selection process again. Hence, the State authorities are directed to complete the selection process in accordance with law and the aforesaid order of the Apex Court which still governs the field, within a period of six months from today. Failure of this time limit will be viewed seriously as an act of gross contempt. The State shall also be at liberty to enquire and hold responsible the officials who were earlier required to complete the selection process but failed to do so for no good reason.
(Shiva Kirti Singh, ACJ.) (Mihir Kumar Jha, J.) AMIN