IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10615 of 2000 KRISHNA MURARI YADAV, SON OF LATE NAGA PRASAD YADAV, RESIDENT OF VILLAGE DIN DAYALPUR, P.S.- GAUTAM BUDDHA NAGAR, DISTRICT- SIWAN. …….. Petitioner. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT EDUCATION OFFICER, SIWAN. 4. THE HEAD MASTER, L.N.GIRI HIGH SCHOOL, DIN DAYALPUR, DISTRICT- SIWAN. … Respondents For the petitioner : Mr. Raju Giri, Advocate For the state : Mr. Sunil Kumar Mandal, S.C. 15, Mr. Bipin Kumar, J.C. to S.C. 15. ----------- 5 30.09.2008 Heard Learned counsel for the petitioner and learned counsel for the state. The petitioner prays for quashing of Annexure-6/A whereby the District Education Establishment Committee considered the case of the petitioner and three others including one Nand Kishore Choudhary in view of observations made by this Court in order dated 14.7.1997 passed in C.W.J.C. No. 6779/1996 (Annexure- 5) and rejected their claim that they had been validly appointed on Class IV posts in various schools in the district of Siwan by the respective Headmasters. It has been submitted on behalf of the petitioner that in similar circumstances, the claim of Nand Kishore Choudhary was rejected and he challenged the decision contained in Annexurer-6/A dated 10.3.1998 vide - 2 - C.W.J.C. No. 458/1999 which was disposed of on 14.3.2000. That order has been annexed as Annexure-9 and it shows that the order dated 10.3.1998 was set aside in respect of Nand Kishore Choudhary and matter was remanded for consideration of the case of that petitioner for appointment against Class IV post alongwith others giving weightage over outsiders and giving relaxation of age if he was found over aged. From the stand of the respondents as well as from the impugned order contained in Annexure-6A, it is clear that the stand of the respondents is that petitioner’s appointment was illegal as it was not made after due advertisement, interview and selection. All earlier judgments, on the issue of regularization of service and relating to illegal or irregular appointments rendered earlier have been denuded of their binding force if they are contrary to a recent constitutional Bench judgment of the Supreme Court in the case of Secretary, State of Karnataka and others Vrs. Uma Devi (3) reported in 2006 (4) SCC page 1. Learned counsel for the petitioner submits that Annexure-6/A should be quashed because it was so done at the instance of some other persons including Nand Kishore Choudhary and thereafter the matter be left open so that concerned authorities may re-decide the - 3 - claim of the petitioner as to whether his appointment is illegal or suffers from mere irregularity which can be cured and regularization allowed . Since the impugned order contained in Annexure- 8 has been earlier quashed at the instance of other similar situated employees, the same is quashed in so far it relates to the petitioner but only for the purpose of enabling the petitioner to file a fresh representation before respondent nos. 2 and 3. The Director, Secondary Education and the District Education Officer, Siwan who shall consider the case of the petitioner in the light of principles laid down by the Supreme Court in the aforesaid case of Secretary, State of Karnataka and others Vrs. Uma Devi. It is expected that final decision shall be taken in the matter at an early date preferably within three weeks. They will also examine the prayer of the petitioner for payment of salary for some period for which he claims to have actually worked. The writ petition is disposed of. pkj (Shiva Kirti Singh, J)