S.J. Mukhopadhaya, J. - (1.) THE petitioner has challenged the order, contained in Memo No. 10546, dated 28th October, 2000, whereby and whereunder, the Administrator, Co -operative Land Development Bank, Patna (Bank, 'for short'), terminated the services of the petitioner on the ground that he was overage at the time of appointment and the appointment was made without following the procedure.
(2.) THE main plea taken by the petitioner is that the order of termination has been issued after the petitioner having served 21 years in the Bank and other similarly situated persons have already been reinstated by the order of the Patna High Court. The respondents in their counter affidavit have taken the plea as taken in the order of termination and in addition stated that in the case of Jai Prakash Rai and others, in CWJC No. 10673 of 1995, the Patna High Court directed the Bank to take certain decision in respect to persons continuing against Class III & IV posts in the Bank in irregular manner.
(3.) THE case of the petitioner as pleaded and not disputed is that the Bank made advertisement in the year 1975 vide Annexure I calling for applications for appointment against different class III posts. The petitioner applied for the post of Land Valuation Officer and was called for test, vide call letter, as contained in Annexure II. He appeared in the test on 10th August. 1975 and having come out successful, was called for interview, vide call letter, as contained in Annexure III. The petitioner also appeared in interview on 23rd November. 1975, but thereafter no order of appointment was issued.;