AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for issuance of an appropriate writ in the nature of certiorari for quashing the Office Order No. 88 dated 3.8.2002 vide which the petitioner was relieved from his service w.e.f. 1.8.2002 and a further prayer has been made for reinstatement with consequential benefits.
(2.) ACCORDING to the petitioner, he was appointed as Driver in Work Charge Establishment on 2.9.1989 but his service book has been opened on 19.9.1992, it is submitted that on 5.3.1997 the Special Secretary, Public Health Department, Bihar, Patna, directed for regularization of those employees who had completed 240 days under Work Charge Establishment. However, vide its impugned order dated 3.8.2002 the petitioner was relieved from his services and thereafter he made a representation on 23.8.2002 before the authorities and the present writ petition has been filed challenging the impugned order dated 3.8.2002 vide which he was relieved from service. The counsel for the respondent submits that the Competent Authority and the Finance Department vide its Resolution Memo No. 6394 dated 23.10.1987 directed all the State Government Offices not to make appointment in future at any circumstance and in view of such Resolution, a cut off date was also fixed as 1.1.1998 for avoiding illegal appointment with the concurrence of Government. A decision was also taken vide letter No. 14 dated 3.1.1997 to retrench all those employees who were illegally appointed after 1.1.1988.
(3.) ACCORDING to the respondent the petitioner was appointed in the year 1991 vide Zonal Chief Engineer's Office order No. 106 dated 28.11.1990 and the same was against the Finance Department's Resolution No. 6394 dated 13.10.1987.;