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2003 Supreme(Pat) 124
PATNA HIGH COURT
Nagendra Rai and R.S.Garg JJ.
State Of Bihar
Versus
Prashant Kr.Sharma
Letters Patent Appeal No. 675 of 2000 ; 676 of 2000 ; 677 of 2000 ; 678 of 2000 ; 680 of 2000 ; 681 of 2000 ; 687 of 2000 ; 689 of 2000 ; 690 of 2000 ; 691 of 2000 ; 693 of 2000 ; 694 of 2000 ; 696 of 2000 ; 708 of 2000 ; 712 of 2000 ; 778 of 2000 ; 1542 of 2000 ;
Decided On : JANUARY 29, 2003
Headnote:Service Law-Regularisation-If the appointment itself is in infraction of the rule or is in violation of the provisions of the Constitution, such an illegality cannot nor the Services can be regularised-According to the Supreme Court, ratification or regularisation is possible of an act which is within the power and province of the authority but there is some non-complaiance which can later on be cured. (Para 17)
AIR 1972 SC 196;, AIR 1992 SC 677; AIR 1995 SC 586; 1996 (10) SCC 565; AIR 1997 SC 1628, 1993 (1) PLJR 984; 2000 (4) PLJR 567; 2001 (3) PLJR 297-Referred to.
AIR 1952 SC 16; 1998 (8) SCC 59; 2001 (3) SCC 574-Distinguished.
Service Law-Equity-where the appointees say that equity be applied in their favour and they be not asked to go back then they are required to show to the Court that what legal authority the officer had who had issued orders and what right they had to join the services-The equity is not an empty concept, the equity in fact tilts the balance when all other things are equal-The appointees cannot be allowed to say that though their entry was illegal despite that they would hold the post or the entry was later on validated-Appeals filed by the State Government allowed and appeals by the writ petitioners dismissed. (Paras 33 & 37)
R.S.Garg, J.
1. This order shall dispose of LPA No. 675 of 2000 (The State of Bihar and Ors. v. Prashant Kr. Sharma, arising out of CWJC No. 3822/97), LPA No. 676 of 2000 (The State of Bihar and Ors. V/s. Nirmat Kr. Sinha and Ors., arising out of CWJC No. 4337 of 1997), L.P.A. No. 677 of 2000 (The State of Bihar and Ors. V/s. Satish Kr. Singh, arising out of CWJC No. 4982 of 1997), LPA 678 of 2000, (The State of Bihar and Ors. V/s. Ravindra Narayan Thakur and Ors. arising out of 3345 of 1997) LPA No. 680 of 2000 (The State of Bihar and Ors. V/s. Ram Ayodhya Prasad, arising out of CWJC No. 6200 of 1998), LPA No. 681 of 2000 (The State of Bihar and Ors. v. Siya Ram Choudhary, arising out of CWJC No. 9591 of 1997), LPA No. 687 of 2000 (The State of Bihar and Ors. V/s. Binod Kumar., arising out of CWJC No. 10490 of 1997), LPA No. 689 of 2000 (The State of Bihar and Ors. V/s. Abhiram Jha and Ors., arising out of CWJC No. 10436/97), LPA No. 690 of 2000 (The State of Bihar and Ors. V/s. Fuldeo Sah, arising out of CWJC No. 9473/97), LPA No. 691 of 2000 (The State of Bihar and Ors. V/s. Kishore Kumar Jha and Ors., arising out of CWJC No. 10995/97), LPA No. 693 of 2000 (The State of Bihar and Ors. V/s. Krishna Kant Jha and Ors., arising out of CWJC No. 9608 of 1997), LPA No. 694 of 2000 (The State of Bihar and Ors. V/s. Baidya Nath Jha and Ors., arising out of CWJC No. 6070 of 1998), LPA No. 696 of 2000 (Dina Nath Sah V/s. The State of Bihar and Ors., arising out of CWJC No. 6904 of 1998), LPA No. 708 of 2000 (The State of Bihar and Ors. V/s. Dhanpati Jha and Ors., arising out of CWJC No. 10991/97), LPA No. 712 of 2000 (The State of Bihar and Ors. V/s. Sri Narayan Kumar, arising out of CWJC No. 10210/ 97), LPA No. 778 of 2000 (Braj Nath Singh @ Baijnath Singh V/s. The State of Bihar and Ors., arising out of CWJC No. 6904/98), LPA No. 1524 of 2000 (Ganesh Ram V/s. The State of Bihar and Ors., arising out of CWJC No. 6904/98). All the writ applications were disposed of by an Hon ble Single Judge of this Court by common order passed in CWJC No. 3345 of 1997 and others of 1st March, 2000.
2. At the same time this order shall also dispose of LPA No. 271 of 2002 (The State of Bihar and Ors.v. Mithilesh Sharma, arising out of CWJC No. 8631 of 2001) LPA272 of 2002 (The State of Bihar and Ors.v. Akhilesh Kumar Sinha, arising outof CWJC No. 14268/2001) LPA No. 274 of 2002 (The State of Bihar and Ors. V/s. Ajay Kumar Singh, arising out of CWJC No. 8602/2001) LPA No. 287 of 2002 (The State of Bihar and Ors. V/s. Binod Kumar Paswan, arising out of CWJC No. 9142/2001) LPA No. 289 of 2002 (The State of Bihar and Ors. V/s. Sachin Thakur, arising out of CWJC No. 15876/2001) LPA No. 322 of 2002 (The State of Bihar and Ors. V/s. Ram Sagar Prasad, arising out of CWJC No. 9655/2001) LPA No. 334 of 2002 (The State of Bihar and Ors. V/s. Smt Radha Devi and Ors., arising out of CWJC No. 13527/2000) LPA 363 of 2002 (The State of Bihar and Ors. V/s. Mukesh Kumar Jha. arising outof CWJC No. 9380/2001), LPA No. 512 of 2002 (The State of Bihar and Ors. V/s. Uday Pd. Singh, arising outof CWJC No. 15526/2001). These 10 LPAS arising out of judgment of another Hon ble single Judge who had disposed of nine matters by common judgment dated 10-1-2002 while LPA No. 512/2002 was disposed of by a separate judgment.
3. This order shall also dispose of LPA No. 546/2001 (The State of Bihar and Ors. V/s. Bilash Yadav, arising out of CWJC No. 1200/2001).
4. This order shall, in all, dispose of these 27 Letters Patent Appeals. These were argued simultaneously and are being disposed of by this common order.
5. It is not in dispute before us that the original writ petitioners are Class III or IV employees who are appointed on temporary/ad-hoc basis in various project offices of the Land Acquisition works dealing with the work of rehabilitation connected with the projects is question under the Water Resources Department, Government of Bihar. The services of the writ petitione
