NAGENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the counsel appearing for the State.

(2.) PETITIONERS had earlier moved before this Court in C.W.J.C. No. 10546 of 2002 for almost similar relief, as prayed in the present Writ Application. Prayer of the petitioners in earlier Writ Application was for a direction to the Respondents to absorb their services under Minor Irrigation Department, Tube Well Project, with effect from the due date or from the date, persons, similar to them or juniors to them have been absorbed. Their prayer was also to give all legal, consequential and financial benefits on account of their absorption. On the earlier occasion, prayer of the petitioner was for quashing of Order, dated 18.07.2002, whereby petitioners were not found fit for absorption, as their appointment letters had been found to be forged and fabricated. The Writ Application was allowed. The impugned order, dated 18.07.2002 was quashed and the Secretary, Minor Irrigation Department, Government of Bihar was directed to provide an opportunity to the petitioners and allow them to adduce evidence, oral and documentary, in support of their contention and after considering the same, pass an appropriate order in accordance with law, assigning reasons for coming to such conclusions. Petitioners were also directed to appear, file their show -cause along with supporting documents to show genuineness of their appointment letters.

(3.) IN the light of direction of this Court, the Respondent No. 2 considered the claim of the petitioner and by impugned order dated 05.05.2003, contained in Memo No. 2277, issued under the signature of the Secretary, Minor Irrigation Department, Government of Bihar (Respondent No. 4) petitioner's claim for absorption was again rejected on the similar ground, that their letters of appointment are forged and fabricated documents, as such they do not have entitlement for being absorbed on the post.