The Special Land Acquisition Officer had the jurisdiction to make appointments to Class-IV posts in his office.

1. In both the cases, as common question is involved and similar orders of termination are under challenge, they were heard together and are being disposed of by this common order.

2. The petitioner, Birendra Prasad Singh (of C.W.J.C. no. 5692/98) was initially appointed as peon on provisional basis for six months by order dated 31.3.1983 passed by Rehabilitation Officer-cum-Special Land Acquisition Officer, Bagmati Project, Sitamarhi, Water Resources (Irrigation) Department of the State of Bihar. Subsequently, he was transferred by Director, Rehabilitation and Land Acquisition, Irrigation vide order dated 31.5.1984 whereinafter on the recommendation of the establishment committee, he was appointed as adhoc basis to the post of Amin vide order dated 20.12.1988 passed by the Director, Land Acquisition and Rehabilitation. So far as petitioner-Pawan Kumar Lal Karna and 12 other petitioners (of C.W.J.C. no. 5964/98) are concerned, they were appointed on 9.2.1985 and 31.3.1989. While petitioner-Suresh Rajwar, Kailash Chaudhary, Bimlesh Singh, Dhaneshwar Singh, Sudhir Kr. Singh and Pawan Kr. Lal Karn were appointed on 9.2.1985, the rest of the petitioners, Bharat Kr. Rai, Deo Kumar Singh, Anil Kr. Singh, Umesh Singh, Suresh Pd. Singh, Devendra Pd. Srivastava were appointed on 31.3.1989. Their appointments were made against class-IV posts of chain man, treasure guard, Amin etc. The orders of appointment were issued by the Rehabilitation Officer, Medium Irrigation Project, Ranchi/Special Land Acquisition Officer, Koshi Project, Darbhanga. While the petitioners were functioning, they were noticed as to why their services be not terminated, having appointed illegally. The main ground shown therein was that the special Land Acquisition Officer, who appointed the petitioners, had no jurisdiction to make appointment against the posts. On receipt of such reply, some of the petitioners replied whereinafter the impugned orders were issued terminating the services of petitioners. By Memo no. 579 dated 5.6.1998, the services of petitioner-Birendra Prasad Singh was terminated. On the other hand, the services of other petitioner were also terminated by common order dated 1.6.1998. In both the orders the sole ground shown to declare the appointments of petitioners as illegal is that the authority, who appointed them, had no jurisdiction. The petitioners enclosed a decision of the State contained in letter no. 53 dated 18.2.1978. By the said letter, the officers of the Irrigation Department were delegated with the power to make appointment against Class-Ill & IV posts. Power for appointment of Grade-Ill & IV employees in the establishment of individual office against sanctioned post was delegated to the Special Land Acquisition Officer in the department. Refering the aforesaid delegation of power, petitioners have taken plea that the authority, who appointed them, had jurisdiction to make such appointment.

3. Initially, the respondents in their counter-affidavit alleged various irregularities in the matter of appointment of petitioners, total procedure have not followed. However, as no such ground was shown in the order of termination, supplementary counter-affidavits were filed on behalf of respondents. Counsel for the State submitted that the Special Land Acquisition Officer was merely delegated with power to make appointment against Grade-Ill & IV posts in his office. He had no jurisdiction to make appointment in the establishment of Rehabilitation Office. Referring one or other letter of appointment of petitioners showing their appointments made in the Rehabilitation office, it was submitted that the appointments of petitioners were illegal.

4. This Court vide earlier order asked the counsel for the State to file further affidavit on the question as to whether there were two offices/establishment of Rehabilitation Officer-cum-Special Land Acquisition Officer or not. In pursuance of Courts order, a supplementary counter- affidavit has be