- (1.) Learned counsel for the petitioners submitted that the letter, which has been issued by respondent no. 3 dated 18th August, 2006 at Annexure-5, deserves to be quashed and set aside, mainly for the reason that the said order has been issued on the basis of Circular bearing no. 2440 dated 18th December, 1984 has already been quashed by the decision rendered by the Full Bench of Hon'ble Patna High Court and the said Circular bearing no. 2440 has already been withdrawn by Circular dated 27th September, 1988. Thus, the very basis upon which the impugned order at Annexure-5 dated 18th August, 2006 has been passed by respondent no. 3 is no more in existence.
(2.) Learned counsel appearing on behalf of respondents has also fairly submitted that they have also filed counter affidavit and in paragraph 6 thereof, it has been stated that Circular bearing no. 2440 dated 18th December, 1984 has already been withdrawn and therefore, the impugned decision requires to be reconsidered by the respondents and therefore, let the order passed by respondent no. 3 at Annexure-5 be quashed and the respondents may be directed to pass afresh order.
(3.) In view of this submission and looking to the fact that Circular bearing no. 2440 dated 18th December, 1984 has already been quashed by the order passed by the Full Bench of Hon'ble Patna High Court and as the said Circular has already been quashed by another Circular dated 27th September 1988, I, hereby, quash and set aside the order passed by respondent no. 3 dated 18th August, 2006, at Annexure-5 and the concerned respondents is directed to pass afresh order, in accordance with law.;