IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.240 of 2011 VINOD KUMAR SRIVASTAVA, son of Sri Shyama Kant Prasad, Dismissed peon in the office of the District Superintendent of Education, Siwan P.S-Siwan District-Siwan.... ....Petitioner/Appellant Versus 1. THE STATE OF BIHAR, 2. The Director, Secondary Education, Primary Education and Adult Education Department, Government of Bihar, New Secretariat, Patna, 3. The Regional Deputy Director of Education, Saran Division, Chapra, 4. The District Superintendent of Education, District- Siwan... ...Respondents/Respondents ........ For the Appellant : M/s. Rajendra Prasad Singh, Sr. Advocate & Bajarangi Lal, Advocates for the State : M/s. Rabindra Kr. Choubey, SC-VIII & Sanjeev Kr. Mishra, AC to SC-VIII ............... 3 10.05.2011 Heard the parties. By the order under appeal, writ petition preferred by the appellant bearing CWJC No.9704/2008 has been dismissed and no interference was made with the order dated 19.04.2008 (Annexure-13) whereby a Committee constituted under the orders of this Court in LPA No. 1262/2004 relating to the same very dispute between the State of Bihar and the appellant, has considered the individual case of the appellant and has held that the petitioner's appointment was itself illegal on 2 account of :- (i) The rules providing for reservation and preparation of roster were not followed, (ii) There is no material to show that the vacancies were advertised, and (iii) The prescribed procedure for selection and appointment was not followed. It is submitted on behalf of the appellant that the State of Bihar has not produced any material to show that there was no advertisement and no selection as prescribed by the rules or circulars. A mere perusal of the order of appointment in favour of the appellant contained in Annexure-1 shows that the Regional Deputy Director of Education, Saran Division, Chapra issued the same clearly mentioning that temporary appointment of the appellant on the post of Orderly was being made due to difficulty felt in a particular office on account of non-availability of Peon as per recommendation made by the District Education Officer and in view of an order by the then Minister, Human Resources Development Department, Government of Bihar. The order leaves no manner of doubt that the 3 appointment was not on the basis of any selection and it was by way of favour on the recommendation of a particular officer leading to an order by the Minister. Learned writ Court has considered all the relevant aspects and we do not find any good reason to interfere in the matter. The reasons for termination of service are neither malafide nor against records. The appellant did not produce any material to controvert the case of the State during enquiry or in this Court. It is clearly a case of termination of an illegal appointment after affording opportunity of hearing. It was strongly contended on behalf of the appellant that on account of litigations and various orders, although the appointment of the appellant was cancelled in the year 1993, he continued on the post for a long period and hence on account of continuation for more than ten years, sympathetic view should be taken in the matter. The impugned order contained in Annexure-13 has extracted Paragraph 53 from the judgment of Supreme Court in the case of State of Karnataka vs. Uma Devi and Others reported in (2006) 4 SCC 1 which makes it abundantly clear that State can condone an appointment 4 which is not illegal but irregular and if the appointee has continued to work for ten years or more on a duly sanctioned post, but not under cover of orders of the Courts or Tribunals. In the facts of the case, it cannot be held that petitioner's appointment was irregular on the basis of yardstick laid down in the aforesaid judgment of the Apex Court and it also cannot be held that he has continued for ten years or more without cover of orders of this Court. It is not possible for us to take a different view than that of the writ Court. The appeal is therefore dismissed. Sanjay-II (Shiva Kirti Singh, J) ( Dr. Ravi Ranjan, J)