UMA KANT FARIYAT Vs. STATE OF JHARKHAND
LAWS(JHAR)-2007-9-21
HIGH COURT OF JHARKHAND
Decided on September 17,2007

Uma Kant Fariyat Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

R.K.MERATHIA, J. - (1.) THESE writ petitions are being disposed off by this common order after hearing the parties at length finally.
(2.) W .P. (S) No. 161 of 2005 was filed for directing the respondents to confirm the temporary appointment of the petitioners. I.A. No. 1871 of 2005 was filed for amendment of the writ petition challenging the order dated 30.6.2005. By this order, petitioners were removed from service on the ground that their show causes were considered by the District Education Establishment Committee but the same were not found satisfactory. It is further said that the teachers similarly situated with the petitioners, who were illegally appointed in 1981 -83, were removed in 1984 -85. Then in view of the judgments of Supreme Court (S.L.P. No. 10051/1990) and High Court (C.W.J.C. No. 7000/1992 and analogous cases), a final panel was prepared in 1994 after considering the objections invited. Petitioners cases were rejected and they were not included in the panel and thus they were not reappointed. They could not produce any basis of their claim to continue in service and therefore it was held that they were continuing illegally. Accordingly, they were removed from service with effect from 30.6.2005. It may be noted here that no interim order was passed in favour of the petitioners in this writ petition. The contention of the petitioners that they could not be removed during the pendency of the writ petition cannot be accepted, as they had no right to continue, as would appear from the facts and circumstance, noticed herein below. Wps. No. 5630 of 2005 was filed challenging similar orders dated 30.6.2005, passed against the petitioners. With regard to petitioner -Tej Narayan Yadav, the order dated 4.12.1995, passed by the Supreme Court in S.L.P (Civil) No. 24607 -24613/95 was referred.
(3.) IN W.P.(S) No. 4637 of 2005, it was further mentioned in the order of removal of the petitioner dated 30.6.2005, that though CWJC No. 407/1995 was disposed of on 13.5.1996 but petitioner -Sant Lal Shah suppressed the order passed in his representations dated 22.5.1996 and 8.2.2005.;


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