S.J. Mukhopadhaya, J.

The petitioners in this case have challenged the order contained in Memo No. 1165 dated 7th April 1992 (Annexure 5) by which the appointment of the petitioners have been cancelled on the ground of illegal appointment after about 12 years of their service.

2. The case of the petitioners resin a narrow compass as started hereunder:-

The respondent-State vide their resolution dated 15th of January 1979 laid down mode and procedure for appointment against class IV posts According to the aforeside reseintion Selection Committee at the district level were to make selection for appointment against Class IV post available in the district offices under the Excise prohibition Department of the State of Bihar. In the said year 1979 a number of posts of Excise and prohibition department in different offices vide latter dated 10th of October, 1979. Total 1267 posts were created. According to the petitioners notice was published by the deputy Commissioner Excise and Prohibition Darbhanga and Koshi division Begusarai in the year 1980 for filling up the Class IV posts of Excise Constables which where under his jurisdiction. Petitioners alongwith other applied for the said posts. They were called for interview which held on 13th of June 1980 and after the recommendation of the selection committee they were appointed to the post of excise constable wide orders contained in different letters dated 13th June 1980 (Annexure-1 series). The orders of appointment were issued by the Deputy Commissioners Excise and Prohibition Department Darbhanga and Koshi Division Begusari.

3. The petitioners thereafter joined their respective posts and continued to function but their salary was not released. It was only vide letter dated 13th of June 1981 (Annexure – 2) whom the extension relating to posts were granted salary of the petitioners and others were released from the month of June 1981. The petitioners continued to receive their salary from June 1981 on works.

In the letter dated 13th of June 1981 (Annexure-2) while it was ordered to release the salary it was ordered that the payment should be release in favour of those who have been appointed prior to 30th of June 1980 and they will be getting the salary. Any appointment made niter 30th June 1980 will not be recognived. Further it was mentioned therein that the temporary posts will continue till the person appointed for prohibition purpose are not adjusted against permanent posts. A bar was put to make new appointment.

4. According to the petitioners, the petitioners and other consinued to function against the post of Excise Constables having been appointed prior 30th June 1980 and their services were transferred and placed at other places for their absorption against permanent post. Further according to the petitioners all the time their service remained satisfactory and when pay revision was made the salary of the petitioners was also revised it was after about 12 years when the petitioners were still continuing the res pendents came out with the impugned order dated 7th of April 1992 (Annexure – 5) stating their in that the appointments of the petitioners have been made illegally by the Deputy Commissioner Excise and Prohibition Department Darbhanga and Koshi Division Beguarai and their service have been cancelled. The order has been passed by the Commissioner cum Secretary of the Excise and Prohibition Department of the State.

5. Council for the petitioners submitted that they were interviewed selection was made by the selection Committee who declared fit and recommended the petitioners along with others and then only the orders of appointment have been issued in favour of the petitioners. It was Further contended by the council for the petitioners that no show cause notice was given to the petitioners prior to the issuance of the impugned order of cancellation of appointment dated 7th April of 1992 (Annexure – 5) is complete violation of the rule of natural justice Council