- (1.) DELAY in filling the appeal is condoned. The appeal is treated to have been filed in time.
(2.) HEARD learned counsel for the appellants. It appears that the impugned order whereby the petitioner respondent was removed from service has been passed in violation of the principles of natural justice, especially, if one looks at the fact that the writ petitioners respondent has been working since 1983 and there is a policy decision of the State Government that all those who had been working before 1st August, 1985, their services should be regularised. Petitioner's case is squarely covered in the aforesaid policy decision of the State Government. Despite the aforesaid circular, the appellants wrongly terminated the service of the petitioner -respondent. The order, therefore, clearly suffered from a patent illegality. Based on the aforesaid stipulation contained in the State Government policy the petitioner was also entitled to be regularised in his service. Accordingly, therefore, learned single Judge rightly issued a writ of mandamus directing the appellants to regularise the services of the writ petitioner.
(3.) FOR the aforesaid reasons, therefore, we find that the judgment does not suffer from any infirmity or illegality. At this stage, learned counsel for the appellants submits that the Saranda State Trading Division, Chaibasa is not in a position to carry on with the surplus staff and some staff members have been rendered surplus, the petitioner being one of them. The appellants, therefore, according to him may have to take a decision to retrench the surplus staff members. Without expressing any comments with respect to the aforesaid submission of the learned counsel for the appellants, the only thing which we want to observe is that the disposal of this appeal shall not be construed as any expression of any opinion by this Court with respect to any step that the appellants may take in the aforesaid direction, of course, strictly in accordance with law and based on well accepted norms of service jurisprudence.;