Umesh Chandra Jha vs The State of Bihar and Others

B.N. Agrawal & Gurusharan Sharma, JJ.—This application has been filed for quashing the order dated 8th March, 1984 passed by Director, Secondary Education, Bihar, Patna (respondent no. 2) contained in Annexure-4 whereby appointment of the petitioner has been cancelled along with other persons. It appears that the petitioner was appointed as a clerk in the year 1983 on purely temporary basis. It further appears that one Bhuwan Bhaskar Prasad was also appointed as clerk in the year 1982 temporarily like the petitioner. Appointments of the petitioner, the aforesaid Bhuwan Bhaskar Prasad and two other persons were cancelled by the aforesaid order contained in Annexure-4, and out of them, Bhuwan Bhaskar Prasad moved this Court challenging the aforesaid order so far the same related to him, giving rise to C.W.J.C. No. 1662 of 1984. Before this Court stand was taken on behalf of State that appointment was made without following the procedure prescribed under law; therefore, the same was cancelled by Director. This Court allowed the writ application on 3.11.1985 and quashed the order of cancellation in relation to writ petitioner of that case on the ground that the writ petitioner of that case had worked for 13 years.

So far as the petitioner of this case is concerned, appointment has been also quashed on the same very ground by the same very order and he has worked for more than 15 years. Therefore, we find that there is no distinction in the case of petitioner of this case and the aforesaid Bhuwan Bhaskar Prasad. Accordingly, we feel that similar order should be passed in his case also. Accordingly, the writ application is allowed and the order contained in Annexure-4 so far the same relates to the petitioner is hereby quashed. The writ application is thus disposed of.