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2002 DIGILAW 1118 (PAT)

Ram Ekbal Singh v. State of Bihar

2002-10-10

body2002
ORDER Heard counsel for the parties. By this application, the petitioners have challenged the order of termination, as contained in annexure 9 series. 2. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioner continued in services' for more than a decade and only because a motion was raised before the Legislative Council, the petitioners have been terminated in a mechanical way, inasmuch is the order of termination are stereotyped. It is further submitted that some of the non-teaching staff, who were terminated in the similar. Fashion by the same District Education Officer, Bhojpur, had approached this Court in Civil Writ Jurisdiction Case No. 7786 of 2002 and its analogous cases, which were allowed and orders of termination were set aside. Learned counsel also submits that the facts of this case and those of Civil Writ Jurisdiction Case No. 7786 of 2002 and its analogous cases are almost identical and they have been terminated without application of mind. 3. It appears that the State counsel was directed to file counter affidavit vide order dated 17.9.2002 but till date no counter affidavit has been filed though State counsel has received instruction. It is stated by JC to GP 8 that the petitioners were appointed contrary to the procedure laid down, and therefore, their service have been terminated, as the same were violative of Articles 14 and 16 of the Constitution. 4. I have perused the orders passed in Civil Writ Jurisdiction Case No. 7786 of 2002 and its analogous cases. The questions raised in this application are one and the same, which were raised in the cases, referred to above, the orders impugned are cyclostyled and the same are nor-speaking. . 5. Considering the facts and circumstances of the case, therefore, this writ application is disposed of in terms of the orders passed in Civil Writ Jurisdiction Case No. 7786 of 2002 and its analogous cases and the orders impugned terminating the services of the petitioners are set aside and they are directed to be reinstated on their respective posts with all monetary benefits.