Patna High Court
Amitabh Kumar vs The State Of Bihar & Ors on 25 November, 2014
Author: R.M. Doshit
Bench: Chief Justice, Rakesh Kumar, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12904 of 1996
===========================================================
Sri Sashibhushan Kumar, son of Sri Harinandan Singh, resident of village- Sonath, P.O. Nadra, P.S. Khijarsaray, District Gaya was working to the post of Live Stock Assistant at Barachhatti, Block Barachhatti, district Gaya.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Director, Animal Husbandry, Government of Bihar, Patna.
3. The Regional Director, Animal Husbandry, Magadh Division, Gaya.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 3312 of 1997 =========================================================== Ashok Kumar, son of Sri Raghunandan Prasad Yadav, resident of village Khutia, P.O. and P.S. Mansi, District- Khagaria.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary, Department of Animal Husbandry and Fisheries, Govt. of Bihar, Patna.
3. The Director, Animal Husbandry Department, Govt. of Bihar, Patna.
4. The Regional Director, Animal Husbandry, Central Range, Patna.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 4351 of 1997 =========================================================== Om Prakash Yadav, son of Shri Hari Nandan Prasad Yadav, resident of Village Aran, P.S. Bihra, District Saharsa.
.... .... Petitioner/s Versus
1. State of Bihar through Secretary-cum-Commissioner, Animal Husbandry and Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 2/19 Fisheries Department, Government of Bihar, Main Secretariat, Patna.
2. Director, Animal Husbandry Department, Government of Bihar, Main Secretariat, Patna.
3. Regional Director, Animal Husbandry, Central Range, Patna.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 6950 of 1997 =========================================================== Arun Kumar Sinha, Son of Shri Girjapati, resident of Mohalla - Gardanibagh, C/o Prof. B.N. Sahay, A/15, Sadhanapuri, Gardanibagh, Police Station- Gardanibagh, District - Patna.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary, Department of Animal Husbandry, Govt. of Bihar, New Secretariat, Patna.
3. The Director, Department of Animal Husbandry, Govt. of Bihar, New Secretariat, Patna.
4. The Deputy Director (Establishment) Department of Animal Husbandry, New Secretariat, Patna.
5. The Regional Director, Central Range, Patna Department of Animal Husbandry, Govt. of Bihar, Bihar Veterinary College Campus, Patna - 14.
6. The District Animal Husbandry Officer, Patna Department of Animal Husbandry, Govt. of Bihar, Bihar Veterinary College Campus, Patna - 14.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 7068 of 1997 =========================================================== Abhay Prakash Diwakar, Son of Shri Mundrika Ram, resident of village-Lala Bhadsara, Police Station- Dulhin Bazar (Bikram), District Patna.
.... .... Petitioner/s Versus
1. The State of Bihar.
Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 3/19
2. The Director, Animal Husbandry Department, Government of Bihar, Patna.
3. The Regional Director, Department of Animal Husbandry, Government of Bihar, Patna.
4. Regional Director, Animal Husbandry, Central Range, Patna.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 7214 of 1997 ===========================================================
1. Aswani Kumar, S/o Sri Shyam Kishore Prasad, resident of Mohalla- Padari-Ka- Haveli, P.S.- Patna City, Distt.- Patna at present posted as 'Progressive Assistant', Intensive Cattle Development Block, Barauni.
2. Ranjan Kumar, S/o Sri Uma Shankar Prasad, Resident of Haveli Kharagpur, P.S.- Haveli Kharagpur, Distt.- Munger at present posted as 'Progressive Assistant', Intensive Cattle Development Block, Barauni.
3. Niraj Kumar, S/o Sri Krishnnandan Prasad, Resident of Rajendra Nagar, Gachi Tola, Begusarai, P.S.- Begusarai, Distt.- Begusarai, at present posted as 'Progressive Assistant', Intensive Cattle Development Block, Barauni.
4. Randhir Roy, S/o Jagdish Roy, resident of village- Pipara, P.S.- Nonepur, Distt.- Begusarai, at present posted as 'Progressive Assistant', Intensive Cattle Development Block, Barauni.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary, Department of Animal Husbandry, Government of Bihar, New Secretariat, Patna.
3. The Director, Animal Husbandry, Govt. of Bihar, New Secretariat, Patna.
4. The Regional Director, Animal Husbandry, Darbhanga Range, Darbhanga.
5. The Deputy Director (Head-Quarter), Deptt. of Animal Husbandry, New Secretariat, Bihar, Patna.
6. The Special Officer, Intensive Cattle Development Block, Barauni.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 7689 of 1997 Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 4/19 ===========================================================
1. Girish Kumar, S/o Sri Brijnandan Pd. Sinha, resident of village- Bishnupur, P.S.- Begusarai, District- Begusarai.
2. Rupesh Kumar, S/o Sri Upendra Rai, resident of Village- Shokh-Hara, P.S.- Fulbaria, District- Begusarai.
3. Lalan Kumar, S/o Sri Balmiki Prasad, resident of village- Pansala, P.S.- Mofassil, Begusarai, Distt.- Begusarai.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary, Deptt. of Animal Husbandry, Govt. of Bihar, New Secretariat, Patna.
3. The Director, Animal Husbandry, Govt. of Bihar, Patna.
4. The Regional Director, Animal Husbandry, Darbhanga Range, Darbhanga.
5. The Deputy Director (Head-quarter), Deptt. of Animal Husbandry, New Secretariat, Bihar, Patna.
6. The Special Officer, Intensive Cattle Development Block, Barauni.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 9537 of 1997 ===========================================================
1. Sanjay Kumar Ambastha, son of Madan Mohan Prasad, resident of Govindpur, P.S. Govindpur, District- Dhanbad.
2. Subhas Chandra, son of Ram Nandan Singh, resident of Dakhingaon, P.S. Wazirganj, District- Gaya.
3. Kislay Kumar Pandey, son of Kusheshwar Nath Pandey, resident of Kalibagh, Bettiah, P.S.- Bettiah Town, District- West Champaran.
4. Dinesh Kumar Anal, son of Ram Lakhan Prasad Singh, resident of Magwan, P.S. Nagarnausa, District- Nalanda.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary to Government, Department of Animal Husbandry, Government of Bihar, New Secretariat, Bihar, Patna. Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 5/19
3. The Director, Animal Husbandry, Government of Bihar, New Secretariat, Patna
4. The Regional Director, Animal Husbandry, Bhagalpur Range, Bhagalpur.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 9903 of 1997 =========================================================== Binod Kumar, Son of Sri Kapildeo Singh, resident of village- Maur, Police Station- Barbigha, District- Shiekhpura.
.... .... Petitioner/s Versus
1. The State of Bihar through the Commissioner-cum-Secretary, Animal Husbandry, Government of Bihar having his office in Vikas Bhawan, New Secretariat, Police Station Sachivalaya, District- Patna.
2. The Director, Animal Husbandry, having his office in Vikas Bhawan, New Secretariat, Police Station Sachivalaya, District- Patna.
3. The Joint Director, Animal Husbandry, Government of Bihar, having his office in Vikas Bhawan, New Secretariat, Police Station Sachivalaya, District- Patna.
4. The Deputy Director, Animal Husbandry, Government of Bihar, having his office in Vikas Bhawan, New Secretariat, Police Station Sachivalaya, District- Patna.
5. The Regional Director, Animal Husbandry, having his office in Combined Building, Bhagalpur, Police Station- Bhagalpur, District- Bhagalpur.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 10491 of 1997 ===========================================================
1. Rakesh Prasad, son of Sri Kameshwar Singh, Resident of Village- Adalpur, P.O.- Dighi, P.S.- Hazipur Sadar, District- Vaishali.
2. Umesh Chandra Sharma, son of Sri Radhakant Sharma, Resident of Village- Barahia, P.O.- Narhi, P.S.- Kurtha, District- Jehanabad.
3. Arbind Kumar, son of Sri Balmiki Sharma, Resident of Village- Livari, P.O.- Kanahiya Ganj, P.S.- Ekangarsarai, District- Nalanda.
.... .... Petitioner/s Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 6/19 Versus
1. The State of Bihar.
2. The Secretary, Department of Animal Husbandry and Fisheries, Govt. of Bihar, Patna.
3. The Director, Animal Husbandry, Bihar, Patna.
4. The Deputy Director, Headquarters, Animal Husbandry Deptt., Govt. of Bihar, Patna.
5. The Regional Director, Animal Husbandry Department, Darbhanga Range, Darbhanga.
6. The Special Officer, Intensive Cattle Development Block, Barauni, District- Begusarai.
7. The Assistant Key Village Officer, Begusarai.
8. The Assistant Key Village Officer, Teghara, District- Begusarai.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 11024 of 1997 ===========================================================
1. Amkesh Prasad, son of Sri Ramanand Singh, resident of village and P.O. Bara Korium, P.S. Arwal, District Jehanabad was working at Aurangabad in Sterlisation Planning Centre, Aurangabad.
2. Ishwar Sharma, son of Sri Jagarnath Thakur, resident of village Basathi, P.O. and P.S. Bodh Gaya District Gaya was working at Goh in Artificial Insemination Centre, in the district of Aurangabad.
3. Md. Sammi Khan, son of Md. Sabir Khan, resident of village- Horama P.O. Windhol, P.S. Khizarsarai District Gaya, was working at Goh in Artificial Insemination Centre in the district of Aurangabad.
4. Anil Kumar, son of Sri Rambrat Singh, resident of village- Deviasthan, Awagila, P.O. Manpur, P.S. Gaya Muffasil, Dist. Gaya, was working at Fatehpur in Animal Hospital in the district of Gaya.
5. Uday Kumar Singh, son of Sri Ram Padarath Singh, resident of village- Amnar, P.O. Narayanpur, P.S. Ekangarsarai, Dist. Nalanda, was working at Bahera in Animal Hospital in the district of Gaya.
6. Naresh Kumar, son of Sri Khadakdhari Mahto, resident of village- Garahani, P.O. Saundha, P.S. Sirdela, district Nawadah, was working at Fatehpur in Block Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 7/19 Animal Husbandry Office, district Gaya.
7. Vijay Kumar Jaruhar, son of Sri Hiran Kumar Jaruhar, resident of village Kharkhura, P.O. Gaya Dist. Gaya, was working at Gaya in Animal Husbandry Office in Gaya district.
8. Suryadeo Prasad, son of Sri Ram Bilash Singh, resident of village Bhane Bigha, P.S. Makhdumpur Dist. Jehanabad, was working at Mohanpur in Block Animal Husbandry Office, Dist. Gaya.
9. Janardan Singh, son of Sri Rajbalabh Singh, resident of village Karmchak, P.S. Antari dist. Gaya, was working at Gaya in District Animal Husbandry Office dist. Gaya.
10. Arbind Kumar Singh, son of Sri Bishundeo Singh, resident of village, P.O. Chak Bairiya, P.S. and district Patna, was working at Tarma in Animal Hospital Fatehpur dist. Gaya.
11. Vijay Kumar son of Sri Mahadeo Prasad, resident of village Garahani, P.S. Sirdela, Dist. Nawadah, was working at Matihani in Animal Hospital dist. Gaya.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Director, Animal Husbandry, Government of Bihar, Patna.
3. The Regional Director, Animal Husbandry, Magadh Division, Gaya.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 9389 of 1998 ===========================================================
1. Mohammad Nasim - Ud - Din, S/o Mohammed Salim - Ud - Din, Resident of Village and P.S. Sikandra, District - Jamui.
2. Rajiv Kumar, S/o Sri Gorakh Prasad, Resident of Shastrinagar Colony, P.O. Ramna, District - Muzaffarpur.
3. Mohammed Zia - Ul - Haque, S/o Mohammed Sairaj - Ul - Haque, Resident of Village - Sapahi, P.O. Jhitkahi, P.S. Dhaka, District - East Champaran.
4. Surendra Paswan, S/o Sri Keshwar Paswan, Resident of Village - Balanpatti (Manjhaura ), P.O. Lakshmipur, P.S. Laukaha, District - Madhubani.
5. Ramesh Kumar, S/o Munishwar Sharma, Resident of at and P.O. Kharauna, Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 8/19 District - Muzaffarpur.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary to Government, Department of Animal Husbandry, Government of Bihar, New Secretariat, Bihar, Patna.
3. Director Animal Husbandry, Government of Bihar, New Secretariat, Patna.
4. The Regional Director, Animal Husbandry, North Bihar Range, District Muzaffarpur.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 1914 of 1999 ===========================================================
1. Gauri Shankar, S/o Shri Rajendra Singh, Resident of Village- Bandihuli, P.S. Baheri, District- Darbhanga.
2. Chandra Kishore Prasad Singh, S/o Shri Bhuvneshwar Prasad Singh, R/o Village- Singhe, P.S. Supaul, Distt. Supaul.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary to the Government, Department of Animal Husbandry and Fisheries, Bihar, Patna.
3. The Deputy Secretary to the Government, Deptt. of Animal Husbandry and Fisheries, Bihar, Patna.
4. The Director Animal Husbandry Department, Bihar, Patna.
5. The Regional Director, Central Range, Animal Husbandry, Department, Patna.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 2616 of 1999 =========================================================== Amitabh Kumar, son of Shree Punit Narayan Singh, resident of village - Gosaipur Tengraha Tola, Mal Toli, P.O. Tengraha, P.S. Meenapur, District - Muzaffarpur.
.... .... Petitioner/s Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 9/19 Versus
1. The State of Bihar through Secretary - Cum - Commissioner, Animal Husbandry and Fisheries Department, Government of Bihar, Main Secretariat, Patna.
2. Director, Animal Husbandry Department, Government of Bihar, Main Secretariat, Patna.
3. Regional Director, Animal Husbandry, Central Range, Patna.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 4369 of 1999 ===========================================================
1. Prakash Chandra Gupta, son of Badari Nath Gupta, resident of Mohalla- Bihar Veterinary College, Quarter No. 11, Road No. 10, P.S. Gardanibagh, District- Patna.
2. Ravishankar Yadav, son of Shri D.N. Yadav, resident of Village- Godela, P.S. Godla, District- Madhepura.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Commissioner-cum-Secretary, Department of Animal Husbandry and Fisheries, New Secretariat, Patna-15.
3. Deputy Secretary, Animal Husbandry and Fisheries, New Secretariat, Patna-15.
4. Director, Animal Husbandry, New Secretariat, Patna-15.
5. Regional Director, Animal Husbandry, North Chhotanagpur Range, Hazaribagh.
6. Regional Director, Animal Husbandry, Central Range, Patna.
7. Regional Director, Animal Husbandry, Saharsa.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 4402 of 2000 ===========================================================
1. Arbind Kumar, son of Ram Lakhan Prasad, resident of village - Nagma, P.S. Nagar Nausa, Distt. - Nalanda.
Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 10/19
2. Jainath Hajra, son of Late Ram Asis Hajra, resident of village, P.O. Bankat, P.S. Kesria, Distt. - East Champaran, both at present posted as Statistical Computer in the office of the Director, Animal Husbandry, Govt. of Bihar, Patna.
.... .... Petitioner/s Versus
1. The State of Bihar.
2. The Secretary, Animal Husbandry Department, Government of Bihar, Patna.
3. The Director, Animal Husbandry Department, Government of Bihar, Patna.
4. The Regional Director, Animal Husbandry Department, Hazaribagh.
.... .... Respondent/s With =========================================================== Letters Patent Appeal No. 3 of 1999 IN Civil Writ Jurisdiction Case No. 9522 of 1997 =========================================================== Varun Kumar, son of Shri Ram Bishun Sinha, resident of village Soniyama, P.S.- Ekangersarai, District- Nalanda .... .... Petitioner-Appellant/s Versus
1. The State of Bihar.
2. The Commissioner-cum- Principal Secretary, Animal Husbandry, Government of Bihar, Patna.
3. The Director, Animal Husbandry, Government of Bihar, Patna.
4. The Regional Director, Magadh Division, Gaya.
.... .... Respondents-Respondent/s =========================================================== Appearance :
(In CWJC No.12904 of 1996) For the Petitioner/s : Mr. Ajay Kumar Singh 2, Advocate Mr. Sanjay Kumar Singh I, Advocate Mr. Arvind Kumar Singh, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 3312 of 1997) Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 11/19 For the Petitioner/s : Mr. Ram Vinay Sharma, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 4351 of 1997) For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 6950 of 1997) For the Petitioner/s : Mr. Nageshwar Pd. Sinha, Advocate Mr. Anjani Kumar Sinha, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 7068 of 1997) For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 7214 of 1997) For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate Mr. Hemant Kumar Karan, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Kinkar Kumar, S.C.-27 Mr. Amrendra Kumar, Advocate (In CWJC No. 7689 of 1997) For the Petitioner/s : Mr. Amar Nath Singh, Advocate Mr. Ajat Shatru, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Kinkar Kumar, S.C.-27 Mr. Amrendra Kumar, Advocate (In CWJC No. 9537 of 1997) For the Petitioner/s : Dr. Anjani Prasad Singh, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 9903 of 1997) For the Petitioner/s : Dr. Anjani Prasad Singh, Advocate Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 12/19 For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No.10491 of 1997) For the Petitioner/s : Mr. Abhinav Shrivastava, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No.11024 of 1997) For the Petitioner/s : Ms. Prakritita Sharma, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 9389 of 1998) For the Petitioner/s : Mr. Abhinav Shrivastava, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate (In CWJC No. 1914 of 1999) For the Petitioner/s : Mr. Jagnnath Singh, Advocate For the Respondent/s : Mr. Avinash Kumar, S.C.-30 Mr. Manoj Kumar Sinha, AC to SC-30 (In CWJC No.2616 of 1999) For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Respondent/s : Mr. Avinash Kumar, S.C.-30 Mr. Manoj Kumar Sinha, AC to SC-30 (In CWJC No.4369 of 1999) For the Petitioner/s : Mr. Dhirendra Kumar Jha-2, Advocate For the Respondent/s : Mr. Avinash Kumar, S.C.-30 Mr. Manoj Kumar Sinha, AC to SC-30 (In CWJC No.4402 of 2000) For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Anshuman Singh, G.P.-24 Mr. Sriram Krishna, Advocate (In LPA No.3 of 1999) For the Appellant/s : Mr. Bhola Prasad No.-1, Advocate For the Respondent/s : Mr. Ray Shivaji Nath, AAG-3 Mr. Amrendra Kumar, Advocate =========================================================== Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 13/19 CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAKESH KUMAR And HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH C.A.V. JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 25 -11-2014 This group of writ petitions and the Letters Patent Appeal have landed before the Full Bench pursuant to the reference made by the learned single Judge under order dated 21st July 2009.
The matter at issue is the legality of the appointment of each petitioner in Class III service in Intensive Artificial Insemination Programme made by the Regional Director in Animal Husbandry Department of the State of Bihar.
According to the State Government, concerned posts were of State Cadre; the Regional Director of Animal Husbandry did not have power or authority to make appointment; the appointment of the writ petitioners was made without the authority of law; was illegal and void ab initio. In the above view of the State Government, the State Government issued direction to the Regional Directors of Animal Husbandry to take steps to terminate the service of each such employee. It is the said direction issued by the State Government and the consequent action of termination of service taken by the Regional Director of Animal Husbandry which are the subject matter of challenge in each writ petition.
The learned single Judge has, under the reference Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 14/19 dated 21st July 2009, traced the history of the appointment and termination of service of the writ petitioners. The learned single Judge has noted that there were diverse opinion of several benches of this Court. A Division Bench of this Court had, under order dated 11th October 1993 made in CWJC No.7162 of 1993, upheld the action of the State Government. However, that view was questioned by another bench under its order dated 29th August 2008 made pending CWJC No.4402 of 2000. The learned single Judge has also noted various orders made by the Benches of the learned single Judge in several writ petitions; the orders of the Division Bench dated 26th November 1999, 6th December 1999 and 25th January 2005 which upheld the action of the State Government and also the judgment of the Hon‟ble Supreme Court in the matter of State of Bihar vs. Upendra Narayan Singh & others [(2009) 5 SCC 65]. The learned single Judge also noted that while making the aforesaid order dated 29th August 2008 the Bench had not noticed the above referred Division Bench judgments dated 26th November 1999; 6th December 1999; and 25th January 2005. Nevertheless, the learned single Judge instead of following the binding precedent in the matter of Upendra Narayan Singh (supra) preferred to refer the matter to the Full Bench.
We have heard the learned advocates appearing for the writ petitioners. More or less the facts are common. Each writ petitioner was initially appointed as casual worker in Intensive Artificial Insemination Programme under the Regional Director, Animal Husbandry, Patna Barauni/ Darbhanga in 1988/1989. After working as casual worker for around a year, under the orders made by the Regional Director of Animal Husbandry, Patna/Barauni/Darbhanga each writ petitioner was "in view of his long service for years" appointed as "Progressive Assistant" or Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 15/19 "Computer/ Enumerator" in Class III service in 1989/1990. The series of such appointments made by the Regional Directors came to the notice of the State Government. The State Government, therefore, in 1997 directed the Regional Directors, Animal Husbandry to examine all such appointments and to take steps to cancel the illegal appointments. Pursuant to the said direction, after giving opportunity to each petitioner to show cause, their service has been terminated under the respective orders.
According to the learned advocates appearing for the writ petitioners, the action taken by the State Government and the consequential orders made by the Regional Director of Animal Husbandry are not justified.
The first submission is that the Regional Director of Animal Husbandry was authorized to make appointments. As held by this Court under order dated 25th September 1999 made in CWJC No.10785 of 1997, the Regional Director enjoyed the said authority until 28th October 1991. Each appointment in question was made by the concerned Regional Director in 1989/1990 in exercise of the power conferred upon him. The very basis that the Regional Director had no authority is erroneous. Each petitioner was validly appointed on a sanctioned vacant post by the competent authority.
The second submission is that even if the appointment of the writ petitioners/appellant were not legal and regular, the order of termination of their service made without holding enquiry envisaged by Article 311 (2) of the Constitution was not sustainable.
The third limb of the submission is that in any view of the matter the appointment of the writ petitioners was made on sanctioned vacant posts. All the petitioners having rendered about Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 16/19 10 years‟ service, their service was liable to be regularised as held by the Hon‟ble Supreme Court in the matters of State of Karnataka & Ors. Vs. Uma Devi (3) [(2006) 4 SCC 1] and of State of Karnatka & Ors. Vs. M.L. Keshari [(2010) 9 SCC 247].
The reliance is also placed on Government Communications dated 17th February 1962 and dated 30th April 1966 issued by the Deputy Secretary to the Government addressed to the Accountant General. Under the said Communications, the Accountant General had been informed that the State Government had delegated, inter alia, the power of appointment of Class III ministerial staff to the Range and Sectional Officers of the Animal Husbandry Department and the administrative and financial powers to the Special Officer, Patna and Barauni and Artificial Insemination Officer and Veterinary Officer as per the attachment under communication dated 30th April 1966. On perusal of the said attachment it is apparent that the administrative powers, such as purchase, repairs, production of cattle feed, medicines were delegated to the officers at various level. The Special Officer, Patna and Barauni were, inter alia, delegated full power of appointment of Class III ministerial staff and Class IV staff.
According to the State Government, the said delegation was no longer in operation. On 20th April 1981, the Personnel and Administrative Reforms Department had, in supersession of all earlier directions, issued general direction for appointment to various State Cadre posts. The Class III posts under the Regional Director were the State Cadre posts. Consequent upon the instructions issued on 20th April 1981 the power to make appointment on such posts were vested in the State. For the purpose of selection, the State Government had established the Bihar State Subordinate Service Selection Board. In other words, Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 17/19 the power to make selection was exclusively vested in the Bihar State Subordinate Service Selection Board and the authority to make appointment was vested in the State Government. Admittedly, each writ petitioner was appointed after 20th April 1981. None of the writ petitioners was appointed after going through due selection procedure. Not one appointment was legal and valid.
These are the basic facts and contentions raised before us. We need not delve into the matter further since the matter has already been set at rest by the Hon‟ble Supreme Court in the matter of State of Bihar Vs. Upendra Narayan Singh [(2009) 5 SCC 65]. In the said matter an identical issue was raised in respect of the appointment of the respondent Upendra Narain Singh made by the Regional Director of Animal Husbandry. The Hon‟ble Judges have discussed the right to equality enshrined under Articles 14 and 16 of the Constitution. The learned Judges of the Hon‟ble Supreme Court have relied upon "Framing of India's Constitution Volume II, edited by B. Shiva Rao" and the parliamentary discussions. The Hon‟ble Court has held, "The basic principle which, therefore, informs both Articles 14 and 16 is equality and inhibition against discrimination".
After extensive discussion on the basic principle and plethora of judgments on the issue, the Hon‟ble Court has upheld the action of the State Government. The Hon‟ble Court dismissed the arguments based on right to life protected under Article 21 of the Constitution.
In view of the aforesaid judgment of the Hon‟ble Supreme Court, the binding precedent, I have but to uphold the action of the State Government.
Let me assume for a moment that the Regional Director of Animal Husbandry was empowered to make Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 18/19 appointment of Class III ministerial staff and Class IV staff under him. Even in that case, was the Regional Director justified in making the appointments in the manner in which he made the appointments. The power has to be exercised in the manner in which it is directed to be exercised. Even under 1966 delegation of power, the Regional Director was not empowered to make appointments indiscriminately, at his will or without following due process of selection.
In the present case, each petitioner was initially appointed as a casual worker. After serving for a year or so, each writ petitioner was regularised in Class III service on the pretext that each petitioner had rendered „long service‟. Evidently, the appointment of the petitioners was made contrary to all canons of service jurisprudence. Admittedly, the Regional Director had not invited applications by public notice. None of the petitioners had to face competition. They were offered the employment on a platter without following due process of law. The appointment of the writ petitioners was ex facie bad and illegal and untenable. The judgments of the Hon‟ble Supreme court in the matter of Uma Devi (supra) or M. L. Keshri (supra) cannot be pressed into service to regularise totally illegal service of the writ petitioners. Time and again the Hon‟ble Supreme Court has deprecated the illegal appointments made in the State service by adopting dubious measures and the act of regularization of such dubious appointments.
In my view, the appointment of the writ petitioners was totally illegal and arbitrary, the least that the State Government could do is to get rid of such employees appointed on extraneous consideration in utter disregard of the principle of equality enshrined in Articles 14 and 16 of the Constitution. Patna High Court CWJC No.12904 of 1996 dt. 25-11-2014 19/19 For the aforesaid reasons, the writ petitions and the appeal are dismissed.
Interim reliefs, if any, stand vacated.
(R.M. Doshit, CJ) Rakesh Kumar, J. I agree.
(Rakesh Kumar, J) Ashwani Kumar Singh, J. I agree.
(Ashwani Kumar Singh, J) N. A.F.R. U Sunil/-