CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 17-03-2023 Heard learned counsel for the appellants and learned counsel for the respondent.

2. The present L.P.A. is directed against the order dated 17.05.2011 passed in CWJC No. 9406 of 2006 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the respondent has been disposed of in the terms mentioned therein.

3. Initially, in the writ petition, the petitioner-

respondent herein had sought “for issuance of an appropriate writ (s), order (s), direction (s) to quash the letter no. 247 dated 10th April, 2006 of respondent no.3 contained in Annexure-23 whereby and whreunder the petitioner has been asked show- cause about genuineness of his appointment and further to direct and command the respondent authorities to pay salary to the petitioner from June 2004 to January 2006 and further to grant any other relief (s) for which the petitioner may be found entitled to”.

Thereafter, the petitioner has filed an interlocutory application bearing I.A. No.3728 of 2006 for amendment in the writ petition by adding following relief in para 1 of the instant writ petition :

“For quashing the office Order contained in Memo No.506 dated 19th August, 2006 issued by the respondent no.3 whereby and whereunder the petitioner has been dismissed from service from the date of issue of this order and further to direct and command the respondents authorities to reinstate the petitioner on his respective post with all service benefits and further to grant any other consequential/appropriate relief (s) for which the petitioner may be found entitled to”.

4. Brief facts of the case are that the writ petitioner-

respondent herein was appointed on 26.06.1995 as an Assistant Teacher in matric untrained scale by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur on the recommendation made by the Divisional Establishment Committee. The appellants noticed illegalities in the appointment of the respondent, proceeded to issue show-cause notice on 10.04.2006 and thereafter, proceeded to terminate the services of the respondent vide Memo No.506 dated 19.08.2006. Feeling aggrieved and dissatisfied with the order of termination, the respondent preferred CWJC No.9406 of 2006. Vide order dated 17.05.2011, the learned Single Judge disposed of the writ petition holding that the petitioner would be held to be in service with all consequential benefits. Thus, the appellants have filed the present LPA challenging the said order.

5. The learned counsel for the appellants-State of Bihar submitted that the order of the appointment of the respondent was illegal. Earlier in Tirhut Division, illegal appointments had been made on large scale by the then In-charge Regional Deputy Director of Education, namely Mr. Bhola Ram, who was substantially posted as District Education Officer, Muzaffarpur and for a short period, i.e., one and half month, he had been Incharge Regional Deputy Director of Education, Tirhut Division. The said In-charge Regional Deputy Director of Education, Tirhut Division was never formally notified as full- fledged Regional Deputy Director of Education, Tirhut Division by the State Government. But by violating all the norms and prescribed Rules of the Government employment as well as procedure of valid appointment Mr. Bhola Ram made illegal appointments on large scale on different posts. The instant case of illegal appointment is also one amongst the other illegal appointments. The learned counsel further submitted that the complete records of the appointments (except the dispatch register) made during the tenure of Mr. Bhola Ram are not available in the office of Regional Deputy Director of Education, Tirhut Division and this fact was earlier brought to the notice of the Hon'ble Single Judge. The learned counsel further submitted that the minimum qualification for appointment to the post of Assistant Teacher in Government Basic School is Matri