- (1.) The instant writ application has been filed by the petitioner for quashing the order as contained in Memo no.1249 dated 13.05.2008, issued under the signature of respondent no.3, whereby the petitioner's representation for absorption of his services in the respondent department has been rejected notwithstanding the fact that the petitioner has been appointed in a lawful manner from the wait list panel of District Collectorate and not as a displaced person as erroneously considered by the respondents and for direction to the respondents for regularization of petitioner taking into account continuous, uninterrupted and unblemished service rendered by the petitioner since 1989. In the instant writ application, the legality and propriety of the order passed under annexure-13, has been assailed by the petitioner.
(2.) The factual matrix as delineated and described in the writ application is that the petitioner was appointed on 17.04.1989 on the post of Grade IV i.e. Peon vide annexure-1 to the writ application and the petitioner has been found fit by the medical certificate (Annexure-2) and as per annexure-3 to the writ application, twenty sanctioned posts were mentioned out of which five posts were meant for General Category and the petitioner belongs to general category. It has been averred in the writ application that as per the order dated 18.05.1989, the name of the petitioner as 'Chainman' is placed at Serial no.11 whereas name of one Shakantula Devi finds place at Serial no.3. In pursuance to the appointment of petitioner, service book has been opened where the date of appointment of the petitioner has been shown as 01.05.1989 as per annexure-6 to the writ petition. Since, the actual date of appointment of the petitioner was 17.04.1989, he made a representation before the competent authority vide annexure-7 for rectification of date of entry in the service book i.e. the date of appointment as 17.04.1989 instead of 01.05.1989. But, the said representation was not considered by the competent authorities and has fallen on deaf ears and thereafter, the petitioner was issued a show cause notice vide letter dated 29.11.1996 (annexure-8), intimating on the ground that incompetent authority i.e. Rehabilitation Officer has made appointment and in pursuance to the show cause the petitioner submitted his reply (annexure-9 to the writ application). As per annexure-10, vide office order contained in Memo no. 376 dated 03.04.1998, the services of the petitioner was terminated by the Director, Land Acquisition (respondent no.6).
(3.) Being aggrieved by the order of termination, the petitioner approached this Court in C.W.J.C No.1739 of 1998(R) and this Court vide order dated 13.12.2007 has been pleased to dispose of the writ application with liberty to the petitioner to file representation within a period of six weeks before the respondent-Director, Land Acquisition, State of Jharkhand, who will obtain the records of petitioner from the concerned office and will pass and communicate a speaking order thereon, in accordance with law, within two months from the date of receipt of such representation. In deference to the order of this Court dated 13.12.2007, the petitioner submitted detailed reply enumerating the factual position and vide annexure- 13, the services of the petitioner has been terminated, which is impugned in this writ application.;