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1955 Supreme(Pat) 43

IMAM, S.K.DAS
Lachmi – Appellant
Versus
Military Secretary To The Governor Of Bihar – Respondent


Judgment

Imam, J.

1. There are four petitioners in this application, namely, Lachmi, Lakhan, Balkishun and Ram Baran. They have filed this application under Article 226 of the Constitution of India with a prayer that this Court should declare the order of their dismissal from service dated 18-3-1953, as illegal and without jurisdiction, and direct the opposite party to reinstate the petitioners from the date of dismissal, and that the directions may be given by issuing a writ in the nature of certiorari, or any other appropriate writ under Article 226 of the Constitution.

2. The case of these petitioners is that petitioner 1, Lachmi was a garden store-keeper at Raj Bhawan, Patna, and that petitioner 2, Lakhan, was a mate in the Raj Bhawan garden. The remaining petitioners, namely, Balkishun and Baran, were mazdoors of the Raj. Bhawan garden. It is their case that they have been dismissed by the Military Secretary to the Governor at Raj Bhawan, Patna, and that they have been illegally dismissed. They claim to be Government servants of the inferior grade, as such they are entitled to casual leave, sick leave, holidays leave besides Sundays.

They claim to have been dismissed not becaus






















































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