IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13553 of 2002 NUTAN KUMARI, WIFE OF SRI ASHWANI KUMAR SINGH RESIDENT OF VILLAGE- SULTANPUR MADHYA,P.O. SULTANPUR PASHIM, P.S. MOHAUDIN NAGAR, DISTRICT- SAMASTIPUR. . Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.13723 of 2002 SATYENDRA KUMAR SON OF JAGAT RAY, RESIDENT OF VILLAGE- FULIA TOLA, P.O. MOBARAKPUR, DISTRICT- PATNA Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.13733 of 2002 ASHOK KUMAR SINGH, SON OF LATE BAULA DAL SINGH, RESIDENT OF VILLAGE-CHANDPUR, SAIDABAD, P.S. BIDUPUR, DISTRICT-VAISHALI. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.13738 of 2002 SHIV SHANKAR RAM, SON OF SRI RAM PRASAD RAM, RESIDENT OF VILLAGE-BANAUR, POST IMARPATTI, DISTRICT- MADHUBANI. Versus 1. THE STATE OF BIHAR. 2 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.13739 of 2002 BECHU RAY, SON OF SAKALDEEP RAY, RESIDENT OF VILLAGE DHAMAUN, P.O. DHAMAUN, P.S. PATORI, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.14315 of 2002 KUMARI MEENA DEVI W/O SADHU SARAN PRASAD, RESIDENT OF VILLAGE AND P.O. GHOSWARI, VIA- BAKHTIARPUR, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.14500 of 2002 UPENDRA MAHTO, SON OF SRI JAMADAR MAHTO, RESIDENT OF VILLAGE AND POST-PURNEHIA KOTHI, P.S.-GHORASAHAN, DISTRICT- EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With 3 CWJC No.311 of 2003 CHANDRAKALA DEVI W/O SHRI RAM DEVI PRASAD, RESIDENT OF VILLAGE- SANAUL, P.O. GHARWARA, P.S. MAZOR GANJ, DISTRICT- SITAMARHI. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.794 of 2003 SHAILENDRA KUMAR, SON OF SRI SUBA LAL, RESIDENT OF BARIAHI, P.O. BHAPTIAHI, DISTRICT- MADHUBANI. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.1934 of 2003 MIRA KUMARI W/O SHRI CHANDRA SHEKHAR SINGH, RESIDENT OF VILLAGE-CHANDRAPURA SAIDABAD, P.O. MOHANPUR, P.S. BIDUPUR, DISTRICT- VAISHALI. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.1966 of 2003 MANJU DEVI W/O ARUN KUMAR, RESIDENT OF VILLAGE- MOHAMMADPUR, JUMMAN, P.O. NAWA CHAK, P.S. PATEPUR, DISTRICT- VAISHALI. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.3348 of 2003 PRAMOD KUMAR, SON OF NASEEB LAL YADAV, RESIDENT OF VILLAGE AND P.O. BANSKHORA, P.S. MARAUNA, DISTRICT- SUPAUL. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS CHAIRPERSON. 4. THE CHAIRPERSON, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA. With CWJC No.6510 of 2003 SMT. POONAM DEVI, WIFE OF RATNESHWAR PRASAD SINHA, RESIDENT OF MOHALLA PRAKASH NAGAR, P.O. NARKATIGANJ, P.S. NARKATIYAGANJ, DISTRICT WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR, THROUGH SECRETARY DEPARTMENT OF WELFARE. 2. THE BIHAR STATE SOCIAL WELFARE ADVOSORY BOARD THORUGH ITS SECRETARY, BARRACK NO.9A OLD SECRETARIATE, PATNA. 3. THE CHAIRMAN, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A OLD SECRETARIAT, PATNA. 4. THE ADMINISTRATOR, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. 5. THE OFFICE INCHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. With CWJC No.6937 of 2003 AMINUL HAQUE, SON OF LATE NAIMUL HODDA, RESIDENT OF VILLAGE AT AND P.O. KHIZAR CHACK, VIA BARAUNI, POLICE STATION TEGHARA, DISTRICT BEGUSARAI. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A, OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. 5. THE STATE OF JHARKHAND, THORUGH THE SECRETARY, SOCIAL WELFARE DEPARTMENT, AT JHARKAHND, RANCHI. With CWJC No.7388 of 2003 URMILA PANDEY, WIFE OF SRI SURENDRA PANDEY, RESIDENT OF MOHALLA- MAHARAJA HATA (JHARIA BHAWAN), ARAH, P.O. ARAH, P.S. NAWADA, DISTRICT- BHOJPUR. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. With CWJC No.7405 of 2003 SUNITA KUMARI WIFE OF SRI JAI NATH RAI, RESIDENT OF VILLAGE CHANDRALAYA, POST BALWA KUWARI, POLICE STATION SADAR HAZIPUR, DISTRICT VAISHALI. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA-15. With CWJC No.7414 of 2003 PASUPATI PRASAD SINGH S/O SRI TRIBHUWAN PRASAD SINGH, RESIDENT OF VILLAGE 6 BASAITHAGARH, P.O. BASANTPURPATTI, P.S. SARAIYA, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. 5. THE STATE OF JHARKHAND THROUGH THE SECRETARY, SOCIAL WELFARE DEPARTMENT, JHARKHAND, RANCHI. With CWJC No.7933 of 2003 SHANKAR GOPE S/O SRI PHULESHWAR GOPE RESIDENT OF VILLAGE- ASTHANA P.O. RAMJANPUR, P.S. SHEKHPUR SARAI, DIST- SHEKHPURA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY CUM COMMISSIONER, DEPARTMENT OF SOCIAL WELFARE, OLD SECRETARIAT, PATNA. 2. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, JHARKHAND, RANCHI, SECRETARIAT, RANCHI. 3. SECRETARY, WELFARE DEPARTMENT, STATE OF JHARKAHND RANCHI. 4. THE ADMINISTRATOR CUM I/C OFFICER, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, OLD SECRETARIAT, BARRACK 9 PATNA. 5. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD THROUGH ITS ADMINISTRATOR AND I/C OLD SECRETARIAT, BARRACK NO.9 PATNA-1. 6. BLOCK DEVELOPMENT OFFICER, SILLI CUM TREASURER FAMILY AND CHILD WELFARE PROJECT, SILLI, RANCHI, STATE OF JHARKHAND. 7. SMT. HEMLATA YADAV WIFE OF GANGADHAR YADAV FOR CHAIRMAN BIHAR STATE SOCIAL ADVISORY BOARD, PATNA RESIDENT OF MOHALLA NEW PUNAICHAK, OPPOSITE DR. A.K.GUPTA, P.S. AND DISTRCIT PATNA. 8. SMT. MOHINI BALA VERMA WIFE OF LATE M.P. VERMA, RETD. ASSISTANT DIRECTOR CUM SECRETARY, BIHAR STATE SOCIAL ADVISORY BOARD, PATNA RESIDENT OF MOHALLA 7 GARDANIBAGH, SARISTABAD NEAR BAL GYAN NIKETAN ROAD, SARISTABAD(WEST) PATNA-2. With CWJC No.8779 of 2003 SURENDRA PRASAD SINGH SON OF SRI BUDHI RAM SINGH, RESIDENT OF VILLAGE :- RAMDHANPUR,P.O: NAYA BHOJPUR P.S. SIMARI, DISTRICT:- BUXAR. Versus 1. THE STATE OF BIHAR. 2. THE CHAIRMAN, SOCIAL WELFARE ADVISORY BOARD, PATNA, BIHAR. 3. THE COMMISSIONER CUM SECRETARY, SOCIAL WELFARE ADVISORY BOARD, BIHAR, PATNA. 4. THE INCHARGE OFFICER, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA-15. With CWJC No.9010 of 2003 1. SUSHILA KUMARI, DAUGHTER OF SRI RAM EKBAL RAI, RESIDENT OF VILLAGE-PARARIAN, P.O.- BURHWAL, P.S. GORARI, DISTRICT- ROHTAS. 2. KUMARI PRABHAWATI W/0 SRI ALAKH NARAIN SINGH, RESIDENT OF VILLAGE- RAJADIH, P.O. SILAI, P.S. SANJHOLI, DISTRICT- ROHTAS. 3. SUMAN KUMARI WIFE OF SRI ARVIND KUMAR SINGH, RESIDENT OF VILLAGE & P.O. DHANGAI, VIA- VIKRAMGANJ, DISTRICT- ROHTAS. 4. LEELAWATI KUMARI, WIFE OF SRI NIWAS SINGH, RESIDENT OF VILLAGE- SUNDER, P.O. & P.S. DAWATH, DISTRICT- ROHTAS. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. With CWJC No.9362 of 2003 1. SMT.PRABHABATI SINHA, WIFE OF SRI PRABHAT KUMAR, RESIDENT OF VILLAGE- PAWAI, P.O.- NISHCHALGANJ, VIA- EKANGAR SARAI, P.S. PARWALPUR, DISTRICT- NALANDA, PRESENTLY RESIDING AT VILLAGE AND P.O. DHARAMPUR, DISTRICT- NALANDA. 8 2. SMT. MANJU KUMARI D/O SIPAHI CHAUDHARY AND WIFE OF SRI SATYA PRAKASH, RESIDENT OF MOHALLA UNTA, P.O. JEHANABAD, DISTRICT- JEHANABAD. 3. TUNNI KUMARI WIFE OF SRI SUDHIR KUMAR, RESIDNET OF NAGWA, P.O. ARVIND NAGAR, P.S. DARIYAPUR, DISTRICT- CHHAPRA. 4. DHANABATI KUMARI, WIFE OF SRI JAGDISH SINGH, RESIDNENT OF VILLAGE- SEMRI, P.O. SEMRI, P.S. DAWATH, DISTRICT- ROHTAS. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. With CWJC No.9363 of 2003 SHASHI KANT VERMA , SON OF LATE SHYAM JIWAN PRASAD VERMA, RESIDENT OF VILLAGE AND P.O.- SRICHANDPUR, P.S.- BIHTA, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. 5. THE STATE OF JHARKHAND THROUGH THE SECRETARY, SOCIAL WELFARE DEPARTMENT, JHARKHAND, RANCHI. With CWJC No.9618 of 2003 USHA KIRAN GUPTA , W/O SRI SHEO DAYAL KUMAR GUPTA RESIDENT OF VILLAGE AND P.O. PUNPUN, P.S. PUNPUN, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR. 9 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. With CWJC No.10421 of 2003 1. CHHAYA SINHA W/O SRI VIJAY KUMAR SINHA, ADVOCATE, RESIDENT OF- MOHALLA MATA KHUDI LANE, MAHENDRU, PATNA- 6, P.S. SULTANGANJ, DISTRICT- PATNA. 2. RANJANA KUMARI WIFE OF SHIVDEO PRASAD, RESIDENT OF ETWARPUR, P.O. KURTHAL, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, PATNA THROUGH ITS OFFICER IN CHARGE, BARRACK NO.9A OLD SECRETARIAT, PATNA-15. 4. THE OFFICER IN CHARGE, BIHAR STATE SOCIAL WELFARE ADVISORY BOARD, BARRACK NO.9A, OLD SECRETARIAT, PATNA. ----------- For the petitioner : M/s. Harish Kumar, Satyavrat Verma, Advocates. For the State : M/s B.K.P. Sinha, G.P.3, Suryakant Kumar, A.C to G.P. 3, GP 4, Manoj Kumar, Ac to G.A 10, Advocates. For the Board : Mr. Sanjay Kumar, Advocate. ========= 05. 17.09.2010 Heard learned counsel for the petitioners, State, Bihar State Social Welfare Board (hereinafter referred to as the Board). 2. Petitioners are the employees of the Board. They were appointed for successful execution of the scheme(s) entrusted to the Board. They are aggrieved by 10 the order of the Commissioner cum Secretary of the Welfare Department contained in letter no 1772 dated 9.8.2002, whereunder learned Secretary has communicated the direction of the State Government to terminate the services of the petitioners in the light of the report of the committee constituted by the State Government under notification No. 700 dated 9.6.2001. Petitioners are also aggrieved by the order of the Chairperson of the Board dated 1.10.2002/7.11.2002/25.11.2002, whereunder in compliance of the instruction of the State Government contained in letter dated 9.8.2002 their services have been terminated. They are further aggrieved by the order of the In-charge Officer of the Board dated 5.5.2003, whereunder placing reliance on the instructions of the State Government contained in letter dated 9.8.2002 their services have again been terminated. 3. It is submitted on behalf of the petitioners that Board being an autonomous institution is governed by its memorandum, articles of association as also the Rules governing composition and functions of the Social welfare Advisory Board (hereinafter referred to as the Rules). In terms of the provisions contained in the memorandum, articles of association as also the Rules State Government is not the competent authority to 11 direct for termination of the services of the petitioners. The State Government may be competent to get the affairs of the Board examined and inquired into by a committee but the report of the committee should have been forwarded to the competent authority in the Board for taking appropriate decision in the matter. Instead of forwarding the report of the committee constituted under notification of the Government dated 9.6.2001, the Commissioner and Secretary of the department communicated direction of the State Government for termination of the services of the petitioners. Such direction is wholly contrary to the provisions contained in the memorandum, articles of association as also the Rules. In this connection, learned counsel for the petitioners also invited my attention to the appointment letter of the petitioners, which has been issued under the signature of the Administrator of the scheme in which the petitioners were appointed. It is further pointed out that as the petitioners were appointed by the Administrator of the scheme entrusted to the Board, their services could have been terminated by the Chairperson of the Board or the Administrator of the scheme, bereft of the direction received from the State Government through Commissioner and Secretary of the department. As according to learned counsel, State 12 Government and the Commissioner and Secretary of the department does not come within the purview of the Rules governing the Board and is not empowered to issue direction for termination of the services of the employees serving the Board under the schemes entrusted to the Board. 4. Counsel for the State and the Board have opposed the submission made on behalf of the petitioners. It is submitted by them that having learnt about the irregularities made in connection with the appointment of the employees and other staff of the scheme and the Board the State Government constituted a committee to go into the validity of the appointments in the scheme and the Board under notification dated 9.6.2001 and in the light of the report of the committee direction dated 09.8.2002 at the behest of the State Government was issued by the Commissioner and Secretary of the Department to the Chairperson of the Board to terminate the services of 53 illegally recruited employees. The Chairperson of the Board has passed order dated 1.10.2002/7.11.2002/25.11.2002 in compliance of the order of the State Government communicated through Commissioner and Secretary under letter dated 09.8.2002 for termination of the services of the petitioners, this Court should not 13 interfere in the matter. In this connection, further reliance is placed on the order of the In-Charge Officer dated 5.5.2003, whereunder with reference to the direction of the State Government contained in letter dated 09.8.2002, fresh termination order has been issued in case of the petitioners. 5. Having heard counsel for the parties and having perused the memorandum, articles of association as also the Rules governing the Board, I am of the view that the Board is an autonomous institution funded by the Central, State Government. Its affairs are conducted as per the provisions of the memorandum, articles of association and the rules governing the Board, whereunder there is hardly any role for the State Government to issue direction for termination of the services of the illegally appointed employees of the Board. Aforesaid legal position is also found reiterated in the judgment of the Single Judge of this Court in the case of Kaushal Kishore Prasad and Ors. Versus Union of India and Ors., reported in 1991(2) PLJR 369 as also by the Division Bench under orders dated 5.3.1993 passed in C.W.J.C No. 1808 of 1992. 6. In view of my findings above, I have no option but to quash the direction of the State Government contained in letter dated 9.8.2002 of the 14 Secretary, Welfare Department the order of the Chairperson dated 1.10.2002/7.11.2002/25.11.2002, and the order of the In-Charge Officer dated 5.5.2003, which is accordingly, quashed and the matter is remitted back to the Chairperson of the Board to reconsider the matter in the light of the report referred to in the letter of the Commissioner and Secretary of the department dated 09.8.2002 as also the earlier report dated 29.4.2000 of the Chairperson of the Board. On account of illegal order passed by the State Government contained in the letter of the Commissioner and Secretary of the department dated 9.8.2002 petitioners were deprived from rendering service to the Board/scheme in which they were appointed as also from earning their livelihood in the circumstances, I direct that entire arrears of salary be paid to them until fresh decision is taken in the matter by the competent authority in accordance with law i.e. till the date of availability of scheme which ever is earlier. 7. With the observations and direction aforesaid, all the writ applications are, accordingly, allowed. AFR Rajesh/ ( V. N. Sinha, J.)