JUDGMENT

1. Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the Bihar School Examination Board.

2. In this case, the petitioners are challenging the order dated 18.08.2017 issued by the Secretary, Bihar School Examination Board, whereby and whereunder the services of these petitioners have been terminated after giving one months pay. Further prayer has been made to quash the order dated 09.10.2018 issued by the Joint Secretary, Education Department, Government of Bihar, whereby and whereunder prayer of the petitioners for regularization of their services in the Bihar School Examination Board pursuant to the order passed by this Court in C.W.J.C. No. 12242 of 2017 has been rejected and further prayer has been made to absorb/regularize the services of the petitioners in the Bihar School Examination Board. Further prayer has been made that after quashing the impugned orders, directions may be given to the respondents to give the benefit of continuity of service as well as other consequential benefits including the salary of the period during which the services of the petitioners have illegally been terminated.

3. The facts of this case are that the Bihar Intermediate Education Council had gone for computerization and in pursuance thereof, N.I.C.T. Computering System Private Limited was engaged for computerization work on contract basis. The petitioners were sent for the computerization work by the said firm and they continued to work for the Bihar Intermediate Education Council from 1999 to 2005. The Council had approached the Government to create different posts in the Computer Section of the Intermediate Council and in pursuance thereof, the Government vide letter no.79 dated 11.02.2005 (Annexure-1 to this writ petition) sanctioned altogether 63 posts of different grades. As the N.I.C.T. was demanding the amount in higher side and the Bihar Intermediate Education Council was not in a position to pay such a heavy amount, had decided to terminate the agreement with the N.I.C.T. but, the petitioners, who were in total 55 in number, vide letter no. BIEC/82/SC/05 dated 14.05.2005 (Annexure-2 to this writ petition) were appointed under different posts against 63 sanctioned posts by the Chairman of the Bihar Intermediate Education Council but, in the said letter it has been mentioned that this working arrangement will continue to operate till proper selection is made.

4. The Government decided to amalgamate the Bihar School Examination Board and the Bihar Intermediate Education Council. Under this Policy decision, the Bihar Intermediate Education Council (Repeal) Act, 2007 , was enacted by the State of Bihar. In terms of Section 4 of the aforesaid Repeal Act, 2007 , all the assets and liabilities of the Bihar Intermediate Education Council have been shifted/transferred to the Bihar School Examination Board. In terms of Section 3 of the Repeal Act, 2007 , the Government constituted a Three Men Committee to formulate the scheme for regularization of services of the employees who were working in the Bihar Intermediate Education Council and in pursuance thereof, the Three Mean Committee submitted its report, which was accepted and the Government issued a Resolution dated 12.07.2012 (Annexure-4 to this writ petition), framed the scheme for different level of the employees for their absorption -cum- regularization in service in the Bihar School Examination Board. In terms of the said scheme, the petitioners were expecting their regularization -cum- absorption in the Bihar School Examination Board. At the same time, the Government created a Five Men Committee to identify the employees of the Bihar Intermediate Education Council and take a decision for their absorption in terms of the scheme. The said Five Men Committee considered the cases of different level of employees including the present petitioners, but the Five Men Committee did not recommend regularization -cum- absorption of the