IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5272 of 2002 MANOJ KUMAR SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 5/ 16-01-2009 Heard learned counsel for the petitioner and the State. The petitioners are aggrieved by the order of termination dated 8.9.2001. Learned counsel for the petitioners submits that the petitioner has been terminated unceremonially after his appointment in September, 1988 and August, 1989, i.e., after about 12 and 13 years of their services. No proceedings were initiated against them. The fact of the matter is that a show-cause notice was issued to them and they replied the same. Their orders of appointment are dated 2.8.1989 and 15.9.1988, respectively ,at Annexure-1 and Annexure-1/a .The appointing authority claims to have the powers of appointment in him and purports to make appointment in anticipation of approval of the appointment. If the appointing authority had the power to make appointment, there was no question of approval for appointment on the post of Class III post, i.e., Amin. In his reply to the show-cause issued to him as to why his services be not terminated due to illegal appointment, the petitioner of C.W.J.C. No. 5237 of 2002 in his reply dated 7.1.2000, at Annexure-7 at paragraph-4, has admitted that no advertisement whatsoever was issued. The present petitioners make no pretence of an advertisement even. Any appointment in the Government service can only be - 2 - made in accordance with Article 14 of the Constitution which requires an open advertisement and selection on merit. The nature of the appointment being per se illegal, merely long continuation on the post cannot be made the basis of any claim by the petitioners. This writ application is dismissed. B.Tiwary/ ( Navin Sinha, J. )