IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.240 of 2007 1. Raj Kishore Prasad, son of sri Bisheshwar Prasad, resident of village Ratanpura, P.O. Daruara, P.S. Noorsarai, district Nalanda 2. Rajni Kumar Verma, son of Shri Bhattu Prasad, resident of village P.O. Nanand, P.S.-Silao, District Nalanda 3. Nawal Prasad, son of late Alakh Narayan, resident of village+ P.O. Itasang, P.S. Rahui, District Nalanda .. Petitioners- Appellants Versus 1. The State Of Bihar 2. The Secretary, Primary, Secondary and Adult Education, Government of Bihar, Patna 3. The Director (Administration) cum –Deputy Secrtary, Secondary, Primary and Adult Education Department, Bihar 4. The Director, Secondary Education, Bihar, Patna 5. Regional Deputy Director of Education, Patna Division, Patna 6. The District Education Officer, Patna 7. The District Education Officer, Nalanda 8. The District Education Officer, Bhojpur 9. The District Superintendent of Education, Patna 10. The District Superintendent of Education, Nalanda 11. The District Superintendent of Education, Bhojpur … Respondents-Respondents With LPA No.278 of 2007 MD.JAVED KHAN, son of Md. Alimul Haque, Resident of village and post office-Ghusian Kalan. Police Station-Bikramganj, District-Rohtas .. Petitioner-Appellant Versus 1. The State Of Bihar 2. The Secretary Department of Primary and Adult Education, Bihar, Patna 3. The Director (Secondary Education) Department of Primary and Adult Education, Bihar, Patna 4. The Regional Deputy Director of Education, Patna Division, Patna 5. The District Superintendent of Education Rohtas at Sasaram .. Respondents-Respondents ----------- 2 6 03.05.2011 The appellants herein have chosen to question common order dated 28.02.2007 passed by learned Single Judge in C.W.J.C. No. 12160 of 2003 with C.W.J.C. No. 12695 of 2003 respective. The case of the appellants herein is that they were appointed in the year 1992 by the Regional Deputy Director of Education Patna Division, Patna on temporary basis. Their services were regularized vide order dated 05.06.1995 issued by the Deputy Director, Secondary Education. Suddenly, on 17.02.2003, a show cause notice was issued to the appellants herein asking an explanation as to why their services should not be terminated, as their appointments were illegal. The matter was considered in the meeting of the Establishment Committee in which explanations of the appellants herein were also examined. The petitioners’ reply to the show cause notice was found unsatisfactory and therefore a decision was taken to terminate their services. 3 Subsequently, their services were terminated vide order dated 14.08.2003 issued by Regional Deputy Director of Education which was the subject matter before the learned Single Judge. It has been contended by the learned counsel for the petitioners/ appellants herein before the learned Single Judge that their appointments were never found irregular and illegal. It has also been further contended that appointments of the petitioners/appellants herein were made in light of the letter dated 26.03.1992 issued from the office of the Chief Minister’s Secretariat on the basis of the direction of the Dy. Secretary and their services were regularized on 05.06.1995, hence, they become the regularized employee and their services cannot be deemed to be illegal and bad. Subsequently, appellants have been asked an explanation as to why their services should not be terminated as their appointments were found to be illegal. 4 The learned Single Judge having gone into the merits of the case found that the appointments are illegal in nature and they could not have been regularized and therefore uphold the order of termination. Following the decision in the Uma Devi’s case, learned Sr. Counsel appearing on behalf of the appellants herein has contended that the appointments have been made in the year 1992, subsequently, they were also regularized in the year 1995. Hence, action of the respondent in issuing show cause notice in the year 2003 cannot be sustained as they were already become regular employees. But however the learned Single Judge has observed that although vide letter dated 26.03.1992 which was emanated from the Chief Minister’s Secretariat and on that basis appointments were made and their services were regularized on 05.06.1995 but when it has come to the light of the authority that they have been appointed illegally in pursuance of the letter dated 26.03.1992 5 emanated from the Chief Minister’s Secretariat on the direction issued by Deputy Secretary in the Chief Minister’s Secretariat, the authorities have chosen to terminate the services of the appellants herein. Even though extraneous efforts have been made by learned Sr. Counsel to substantiate his contentions that appointments are not illegal and irregular. Reliance in this connection has been made on the law laid down by the Apex Court in the case of State of Karnataka and Ors. Vs. M. L. Kesari and Ors [(2010) 9 SCC 247]. In the said judgment it has been held by the Hon’ble Apex Court that only irregular appointees are entitled to be regularized in view of the law laid down in the case of Uma Devi’s the illegal appointees cannot be entitled for any relief. But, however, in this particular case as evident, the appointments were made vide letter dated 26.03.1992 emanated from the Chief Minister’s Secretariat which itself is 6 illegal, and hence, we do not find any reason to treat the aforesaid appointments as legal appointment as has been upheld by the learned Single Judge. Merely because the appellants herein have been regularized they cannot claim that their services shall not be terminated when the appointment made on the basis of letter dated 26.03.1992 emanated from the Chief Minister’s Secretariat was itself illegal. We are of the opinion that the appointment of the appellants cannot be sustained in the eye of law as the appointments of the appellants itself deemed to be illegal. However, we made it clear that the order of this Court will not stand in the way of the appellants for any other alternative employment in a private sector if they seek in future. With the above observation, both the L.P.As. stand disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)