2021 Supreme(Pat) 525
IN THE HIGH COURT OF JUDICATURE AT PATNA
Vikash Jain, Anjani Kumar Sharan, JJ.
Sanjeev Kumar Suman & Ors. - Appellant
Versus
The Union Of India & Ors. - Respondent
Civil Writ Jurisdiction Case No. 824 of 2021 and Civil Writ Jurisdiction Case No. 73 of 2021
Decided On : 06-08-2021
Mr. Jitendra Kumar Giri, Advocate,Mr .Jitendra Kumar Giri, Advocate, for the Appellant; Mr. Rajesh Kumar Verma, A.S.G., Mr. Manoj Kumar Singh, CGC, for the Respondent.
Headnote:
Service Law – Termination – Petitioners' engagement had been made on their having passed Secondary School Examination (High School) in year 2007 from Board of Higher Secondary Education, Delhi – Board of Higher Secondary Education, New Delhi is a fake and fraudulent organization selling fake certificates – Remanding the matter in view of stated violation of natural justice will be an empty formality and will serve no purpose in face of matter having already been decided by Supreme Court – Status does not appear to have undergone any change thereafter – Writ Petition dismissed. (Paras 5, 9, )
JUDGMENT
Vikash Jain, J. - Heard learned counsel for the petitioners and learned counsel for the respondents through video conference.
2. Learned counsel for the petitioners have filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.
3. The writ petition bearing C.W.J.C. No. 824 of 2021 has been filed "for issuance of a writ in the nature of 'Certiorari' whereby and whereunder setting aside the order dated 25.07.2019 passed by Central Administrative Tribunal, Patna Bench, Patna comprising of Hon'ble Mr. Jayesh V. Bhairavia, Member Q) and Hon'ble Mr. Dinesh Sharma, Member (A) in O.A. No. 050/00282/2016, whereby termination of service of the petitioner vide order dated 04.04.2016 passed by the Assistant Superintendent Post Offices, Supaul Sub Division, Supaul, has been affirmed. Further prayer of the petitioner is for the issuance of the writ in the nature of mandamus whereby and whereunder commanding and directing the respondent No. 4 to allow the petitioner to resume his office as GDSMC, Jiwachpur in the account with Pratapganj S.O. and moreover to command and direct the respondent authorities to make the payment of back wages/unpaid salary with due interest to the petitioner in accordance with law".
4. The writ petition bearing C.W.J.C. No. 73 of 2021 has been filed "for issuance of a writ in the nature of 'Certiorari' whereby and whereunder setting aside the order dated 11.02.2020 passed by Central Administrative Tribunal, Patna Bench, Patna comprising of Hon'ble Mr. Jayesh V. Bhairavia, Member (J) and Hon'ble Mr. Dinesh Sharma, Member (A) in O.A. No. 050/00281/2016 whereby termination order as contains in Memo dated 01.04.2016 issued by the Superintendent Post Offices, Saharsa Division, Saharsa, has been affirmed. Further prayer of the petitioner is for the issuance of the writ in the nature of mandamus whereby and whereunder commanding and directing the respondent No. 4 to allow the petitioner to resume his office as GDSBPM at Narayanpur Branch Post Office in the account with jia Ram Raghopur Sub Post Office and moreover to command and direct the respondent authorities to make the payment of back wages/unpaid salary with due interest to the petitioner in accordance with law".
5. The short facts of the case according to the petitioners are that the petitioner of C.W.J.C. No. 824 of 2021 was provisionally engaged as GDS MC in the year 2014. Similarly, petitioner of C.W.J.C. No. 73 of 2021 was provisionally engaged as GDSBPM by order dated 27.01.2014 and continued as such until, all of a sudden, they were served with the impugned termination letters dated 04.04.2016 and 01.04.2016 respectively, whereby aforesaid engagement was discontinued. The petitioners' engagement had been made, inter alia, on their having passed the Secondary School Examination (High School) in the year 2007 from the Board of Higher Secondary Education, Delhi.
6. Learned counsel for the petitioners submits that the petitioners had joined their respective posts on the basis of passing the examination of Board of Higher Secondary Education, Delhi, which was recognized by the Government of India, Ministry of Education, New Delhi. He has relied on two decisions of this Court rendered in CWJC No. 9694 of 2017 and CWJC No. 16278 of 2011, wherein the termination orders were quashed in view of violation of principles of natural justice and the petitioners therein were directed to be reinstated. Learned counsel for the petitioners submits that in the instant case as well, the termination orders have been passed without issuance of any show cause notice or grant of opportunity of hearing.
7. Learned counsel for the respondents, on the other hand, without going into the detailed merits of the ma