IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3820 of 2001 Suresh Singh, son of Late Babu Kailash Singh, resident of village- Hata, P.O.- Chenari, District- Rohtas (Sasaram). ..... Petitioner. Versus 1. The Bihar State Co-operative Land Development Bank Limited, through its Secretary, Budh Marg, Patna. 2. Administrator, Bihar State Co-operative Land Development Bank, Budh Marg, Patna-1. 3. The Deputy Managing Director, Administrator, Bihar State Co-operative Land Development Bank, Budh Marg, Patna-1. ..... Respondents. ----------- 09- 11.12.2008 Heard Mr. Abahay Krishna for the petitioner, and Mr. Rajesh Prasad Choudhary for the respondents. The respondents have relied on their counter affidavit filed in April 2001, and have opposed the writ petition. 2. The petitioner was appointed as Anusewak on daily-wages by office order dated 4.9.1981 (Annnexure-1). He continued as such for 19 years. Show-cause notice was issued to him as to why his services be not dispensed with because his initial appointment on daily- wages was in violation of the established norms and without advertisement. On a consideration of the cause shown by him and other materials on record, the respondent authorities passed the impugned order dated 28.10.2000 (Annexure- 2 2), whereby his services were dispensed with for the following reasons: Jh flag ls izkIr Li"Vhdj.k, fu;qfDr dh izfdz;k laca/kh ifji= vkfn lacaf/kr vfHkys[kksa dks ns[kk x;k@ fuEukafdr rF; Li"V gq,%& 1& Jh flag dh fu;qfDr ds le; ljdkj n~okjk cSad esa fu;qfDr moa izksUUfr ij izfrcU/k yxk;k x;k Fkk@ 2& Jh flag dh fu;qfDr esa fu;qfDr dh izfdz;k ;Fkk foKkiu@ vkj{k.k vkfn fu;eksa dk ikyu ugh fd;k x;k@ 3& fu;qfDr ds fy, 18&30 o"kZ vk;q lhek fu/kkZfjr Fkh@ fu;qfDr ds le; Jh flag fu;qfDr gsrq fn;s x;s vkosnu&i= ds lkFk jke nqykjh xaxk mPpkaxy fon~;ky;, psukjh (’kkgkckn) dk pfj= izek.k ds vuqlkj budh tUe frfFk 25&7&1950 gS! bl izdkj fu;qfDr ds le; Jh flag dh mez 31 o"kZ 1 eghuk 9 fnu Fkh@ Li"V gS fd fu;qfDr ds fy, fu/kkZfjr mez lhek ugha j[krs Fks@ vr% Jh flag dh fu;qfDr dks vfu;fer fu;qfDr ekurs g, Jh flag dks vkns’k fuxZr dh frfFk ls cSad dh lsok ls gVk;k tkrk gS@ Hence this writ petition. 3. It was laid before the Bench on 27.2.2003 on which date, as jointly prayed for by learned counsel for the parties, the present writ petition was directed to be taken up after disposal of L.P.A. No.540 of 2001. The 3 petitioner has placed on record his supplementary affidavit, wherein it is stated that the said L.P.A. No.540 of 2001 (The Bihar State Co-operative Land Development Bank Ltd. and another Vs. Anil Kumar Singh and another) and the analogous appeals have been dismissed by a common judgment dated 25.4.2003 (Annexure- 3). It appears that a large number of persons were similarly appointed in 1981 or around, all of them worked for considerable period of time. They were served with show-cause notices as to why their services be not dispensed with. On a consideration of the cause shown by them their services were similarly dispensed with as in the present case. They preferred various writ petitions in this Court, all of which were allowed and the orders dispensing with the services were set aside. The Bank preferred appeals in this Court bearing said L.P.A. No.540 of 2001, and the analogous appeals, which have been dismissed by the said judgment dated 25.4.2003 (Annexure-3). It appears to me on a perusal of the judgment of the appeal court that the case of the present petitioner and those employees are on identical footing. There may be minor variation of certain facts 4 and certain circumstances, but I feel convinced that the case of the present petitioner is substantially covered by the said judgment dated 25.4.2003 (Annexure-3). 4. The writ petition is accordingly allowed and disposed of in terms with the said judgment dated 25.4.2003 (Annexure-3). The impugned order dated 28.10.2000 (Annexure-2) is hereby set aside. (S K Katriar, J.) S.K.Pathak/