SHASHI SEKHAR PATHAK @ SEKHAR PATHAK Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-1-40
HIGH COURT OF JHARKHAND
Decided on January 09,2013

Shashi Sekhar Pathak @ Sekhar Pathak Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

APARESH KUMAR SINGH,J. - (1.) HEARD learned counsel for the parties. The petitioner has come before this Court for quashing of the order dated 26th June, 2004 passed by the Secretary, Governing Body, Bokaro Mahila College, Bokaro Steel City, Bokaro, by which his services were terminated w.e.f. 28th June, 2004. The petitioner has also prayed for consequential benefits on his reinstatement upon quashing of the impugned order. All the respondents were issued notices and service of notices upon respondent nos. 3 & 4 were treated to be validly served. However, no one entered appearance on behalf of the respondent nos. 3 & 4 in spite of opportunity granted earlier. The University and J.P.S.C have already appeared and filed their counter affidavit.
(2.) ACCORDING to the petitioner, he was appointed as a Lecturer in Bokaro Mahila College in the faculty of English on sanctioned post on 5th of May, 1988 on which he had submitted his joining and was working from 23rd November, 1987 itself for 17 long years before passing of the impugned order. The said appointment to the said post was advertised by the Bihar College Service Commission in the year 1994 and the petitioner duly applied for seeking the recommendation of the said Commission which issued interview letter dated 13th September, 2001. The advertisement and interview letter are contained at Annexure7 to the supplementary affidavit filed on 14.9.2004. The interview letter was issued in the name of the petitioner on 13th September, 2001, but the interview could not be held due to the bifurcation of the State and in view of the letter issued by the Human Resources Department, Government of Jharkhand, Ranchi dated 10th September, 2001, it was indicated that the recommendation made by the commission after 15.11.2001 was not to be given effect to. It is the contention of the petitioner that in respect of other employees speaking order was passed by the Vice Chancellor, Vinoba Bhave University on 13th December, 2003 and taking cue from the said order the Secretary of the Governing Body of the Bokaro Mahila College respondent no. 4 has issued the impugned order terminating his services along with 16 other Lecturers w.e.f. 28th June, 2004. However, vide another notification dated 29th June, 2004, this petitioner along with 13 others have been again reappointed on purely temporary basis for a period not exceeding six months.
(3.) THE petitioner's representation has remained unanswered and has been compelled to move this Court by way of present writ application. According to the petitioner, he has been continuously working right from the date of his joining in the said college in November, 1987 till he was illegally terminated by the impugned order w.e.f. 28th June, 2004 and again on his reinstatement w.e.f. 29th June, 2004 till date.;


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