Upendra Sah v. The Commissioner, Deoghar Municipality
1996-09-03
RADHA MOHAN PRASAD
body1996
DigiLaw.ai
JUDGMENT RADHA MOHAN PRASAD, J. In this writ application the petitioners have prayed for quashing of the order of the Executive Officer, Deoghar Municipality, Deoghar (respondent no.3) contained in memo no. 639 dated 27.7.93, whereby and whereunder the services of the petitioners where dispensed with immediate effect on the ground that their appointments were not made in accordance with la and further, for issuance of appropriate writ in the nature of mandamus and/or any other writ/order of direction commanding them not to give effect to the impugned order and allow the petitioners to perform their respective duties and functions. 2. In short, the relevant facts, as stated in the writ petition are that petitioner no. 1 was appointed on muster roll on 23.6.81 and petitioner nos. 2 and 3 were appointed on muster roll on 3.8.82. It is stated that their appointments were made against the permanent sanctioned post and after their regularization on the said post they continued to work until the impugned order was issued. The fact that the petitioners services have been affidavit filed on behalf of the respondents. 3. Mr. Singh, learned Senior Counsel appearing for the petitioners has contended that the impugned order is wholly illegal, arbitrary and violative of the Articles 14 and 16 of the constitution of India inasmuch as three persons have been appointed much after the appointment of the petitioner as class IV employees have been continued, whereas the services of the petitioners have been dispensed with by the impugned order. 4. Mr. Bajla, learned Counsel for the respondents submitted that the services of all the six persons appointed along with the petitioners have been dispensed with. In reply, Mr. Singh submitted that the respondents have not denied about the persons named in para 17 of the petition who have been appointed much after the appointment of the petitioners as class IV employees. 5. This matter was earlier heard and considering the peculiar facts and circumstances of the case, the learned Counsel appearing for the respondent Municipality was asked to take instruction as to whether there are vacancies available for accommodating these petitioners in the service of the Municipality. Mr. Bajla, learned Counsel for the Municipality on taking instructions form the special officer, Deoghar Municipality states that at the moment there is no vacancy available, but there is likelihood of occurring of the vacancies in near future. Mr.
Mr. Bajla, learned Counsel for the Municipality on taking instructions form the special officer, Deoghar Municipality states that at the moment there is no vacancy available, but there is likelihood of occurring of the vacancies in near future. Mr. Bajla submits that the cases of the petitioners can also be considered for filling up the said vacancies in case they make application in response to the post being advertised and the Municipality considering the past services rendered by then will consider to give them Priority in the matter of appointment. 6. Having heard the learned Counsel for the parties and considering the fair stand of Mr. Bajla, learned Counsel for the Municipality, this application is disposed of with the direction to the process of appointment soon after the vacancies occur and if the petitioners make application then their cases shall be considered for appointment by giving priority considering their past services. It is made clear that agebar shall not come in the way of the petitioners for consideration of their cases. Application disposed with direction.