SANTOSH MANDAL Vs. THE NATIONAL INSTITUTE OF TECHNOLOGY, THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, THE REGISTRAR, NIT JAMSHEDPUR
LAWS(JHAR)-2016-3-124
HIGH COURT OF JHARKHAND
Decided on March 29,2016

SANTOSH MANDAL Appellant
VERSUS
The National Institute Of Technology, The Director, National Institute Of Technology, The Registrar, Nit Jamshedpur Respondents

JUDGEMENT

Virender Singh, C.J. - (1.) Being aggrieved of order dated 02.05.2014 of the learned Single Judge handed down in W.P.(S) No. 1524 of 2005, the appellant-writ petitioner (hereinafter to be referred as petitioner ) has filed the instant Letters Patent Appeal in which there was delay of 220 days which stands condoned while allowing I.A. No. 6021 of 2015 vide order dated 01.03.2016 and now taken on Board for its final consideration.
(2.) The father of the petitioner, who was Medical Attendant, died in harness on 07.07.1989. The petitioner was appointed on compassionate ground in the Regional Institute of Technology now National Institute of Technology, Jamshedpur by appointment letter dated 08.12.2001, admittedly after about 12 years of the death of his father. Such like appointments were taken note of in writ petition being W.P.(S) No. 680 of 2002 titled Mithilesh Kumar v. R.I.T. & Ors. in which vide order dated 24.01.2002 while dismissing the writ petition, the learned Writ Court observed as under: If one or other person have been given appointment after long delay say after about 12 years of the death in recent past, say within last one year or some person has been illegally appointed giving wrong information petitioner may bring the same to the notice of the Principal, R.I.T., Jamshedpur, who will take care. In such case, if any illegality is found in the matter of appointment, the authority after notice to the concerned party, may pass an appropriate order.
(3.) Since, the aforesaid order was not complied with, a contempt petition being Contempt Case (Civil) No. 866 of 2002 was filed, in which certain directions were issued. Thereafter, the concerned authorities issued notices in the individual cases. This is how the petitioner was served show-cause notice of the termination to which he responded and thereafter, order of termination dated 17.02.2005 was issued by the Director of National Institute of Technology, Jamshedpur which gave him cause to move the Writ Court through W.P.(S) No. 1524 of 2005 which now stands dismissed.;


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