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2007 Supreme(Pat) 1401

S.K.KATRIAR
Ram Krishna Dubey – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard Mr. Ganesh Prasad Singh for the petitioner, and Mr. Sunil Kumar Mandal, learned Standing Counsel No. 15 for the respondents. This writ petition is directed against the order bearing memo no. 2483, dated 26.8.2000 (Annexure-1), issued under the signature of respondent no. 3, the District Education Officer, Hajipur (Vaishali), whereby the service of the petitioner as a Clerk has been dispensed with.The respondents have placed on record their counter affidavit and have supported the impugned order.

2. According to the writ petition, the petitioner was initially appointed on a purely temporary and ad hoc basis for a period of three months. His services were extended from time to time covering 15 years till such time the impugned order was passed, whereby his services have been dispensed with and recovery of salary for the period of 15 years has been ordered for. He has, in the meanwhile, been given the benefit of time bound promotion. Learned counsel for the petitioner submits that his case for regularisation is covered by the Constitution Bench judgment of the Supreme Court in Secretary, State of Karnataka and Others vs. Uma Devi (3) and Others, reported in [(2006)4 S


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