ABHAY PRASAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2004-12-31
HIGH COURT OF JHARKHAND
Decided on December 22,2004

Abhay Prasad Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) HEARD Mr. Mahesh Kumar Sinha, learned counsel appearing for the petitioner and learned JC to AAG appearing for the respondents.
(2.) IN this writ petition, petitioner has prayed for quashing the letter No. 1420, dated 23.8.2004 issued by respondent No. 3, Inspector General of Prison, Govt. of Jharkhand, Ranchi whereby the salary of the petitioner has been stopped and also for quashing the order dated 25.8.2004 issued under the signature of respondent No. 4, Jail Superintendent, Sub -Jail, Khunti. Ranchi whereby petitioner was stopped from working and his salary has been stopped. Petitioner 'scase is that in the year 1978 he was called for interview by the Superintendent, District Jail, Giridih and was selected on the post of Dresser on monthly payment of Rs. 165/ -. Initially, he was appointed for a period of three months but he was allowed to perform his duty till further order. In the year 1982, petitioner was transferred from District Jail, Giridih to Sub - Jail, Tenughat. He continuously worked and thereafter he was temporarily confirmed on the post of Dresser. Petitioner was again transferred from Sub -Jail, Tenughat to Sub -Jail, Latehar and in the year 1993 he was again transferred from Sub -Jail, Latehar to Sub -Jail, Khunti. In this way, he has been continuously working since 1978 till the impugned letter was issued stopping the salary of the petitioner and not allowing him to render his services.
(3.) A counter -affidavit has been filed by the respondents, wherein it is stated that petitioner was engaged as Dresser in the District Jail, Giridih by the Superintendent, District Jail, Giridih purely on temporary basis with the condition of removal from such engagement without any notice. It is stated that in 1982 the services of the petitioner was terminated because he was working on temporary basis but after a gap of twenty days petitioner was again appointed on the post of Dresser by the I.G. of Prison, Bihar. It is contended that the I.G. Prison, Bihar requested to send the document to verify the appointment of the petitioner but after verification of the document it was found that he was temporarily appointed and for that reason he has been removed from the service.;


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