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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