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1999 Supreme(Pat) 454

ASOK KUMAR GANGULY
Jagarnath Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ganesh Prasad Singh.
For Respondent-Corporation: M/s. Rakesh Kumar, Arvind Kumar & Manoj Kumar.
For respondent No. 7: Mr. Uma Kant Shukla.

JUDGMENT

A.K. Ganguly, J.

This writ petition has been heard at length at the admission stage on various points relating to legality of appointment and procedure of its termination. This Court has considered all these points and delivers the following judgment.

2. The petitioner no.1 was appointed to the post of Clerk-cum-Amin and petitioner no.2 was appointed to the post of Tax Collector in Raxaul Municipality on daily wages for period of three months and little more. Such appointment was made by the Executive Officer of the said Municipality. It is not in dispute that prior to such appointment there has been no advertisement or any selection procedure.

3. There is no specific order extending such appointment beyond the initial period of three and half months. In fact, such appointment was made on 15th December, 1987 up to 31st March, 1988 and beyond that date there is no order of extension. Petitioners, however, had claimed that their services have been extended from time to time and the same would appear from the attendance register and pay bill voucher in respect of the daily wages appointees.

4. The next important fact is that such services of the petitioners were allegedly regulari
































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