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1955 Supreme(Pat) 106

S.K.DAS, V.RAMASWAMI, AHMAD
Sukhnandan Thakur – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ahmad, J.

1. In this application, which has been filed on behalf of only one petitioner, namely, Sukhnandan Thakur, under Article 226 of the Constitution of India, the substantial question raised is that the Government Circular Letter No. ED/R 302/54 P.C. 3493 dated the 23rd February, 1954 is void as it contravene Articles 14, 15 and 16 of the Constitution of India, and, therefore, the order passed on the basis of that the Circular Letter terminating the service cf the petitioner as Supply Inspector from the 28th February. 1954 is illegal and invalid in law. On this ground the petitioner in this application has prayed for the issue of a writ or direction restraining the respondents from enforcing the aforesaid order passed against him.

2. The case of the petitioner is that originally he was appointed as a Market Inspector on the 7th August, 1946 in the Supply and Rationing Department at Muzaffarpur on a salary of Rs. 85 per month. In this post he worked till the 9th December, 1947, on which date his services were dispensed with due to retrenchment then made in the Department. Thereafter on the 13th October, 1948 he was re-appointed as a Supply Inspector on a scale of Rs. 10























































































































































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