IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3112 of 2001 SURENDRA PRASAD MAHTO @ SURENDRA PD. MAHTO, S/o Sri Ram Sagar Mahto, resident of village-Banbaripur, Police Station- Bhagwanpur, District-Begusarai ……...Petitioner Versus 1. THE STATE OF BIHAR 2. The Director (Secondary Education), Bihar Patna. 3. The Deputy Director (Secondary Education ) , Bihar Secondary Education Office, Budha Marg, Patna 4. The District Education Officer, Patna 5. The District Education Officer, Begusarai 6. The Principal, R.S.S.M. Railway Aided High School, Mokamah Ghat, Patna ……………………..Respondents. ----------- For the petitioner: Mr. Partha Sarthy For the State : (I ) Mr. Sunil Kumar Mandal, S.C.-15 (ii) Mr. Bipin Kumar, A.C. to S.C.-15 (iii) Mr. Arjun Pd. Singh, A.C. to S.C.-15 5. 20.03.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner was appointed on the post of orderly under orders of the District Education Officer, Begusarai as per the order contained in Memo No. 3651 dated 29.8.1989. He was posted in Rajkiyakrit High School, Banwaripur. His service book was opened by the Principal of the school on 30.12.1989 and his provident fund account was opened on 16.7.1990 allotting Account No. BES/EDN/4277. After joining his service, the petitioner was transferred as a regular employee from one place to another. The petitioner was transferred to R.S.S.M. Railway Aided High School, Mokama Ghat, Patna in the year, 1995. The petitioner, after ten years of his continuous service, received letter No. 1551 dated 21.7.1999 issued under the 2 signature of Director, Secondary Education, Bihar Patna intimating to produce all relevant papers relating to his appointment and to submit show cause. This letter was issued to examine the legality of petitioner’s appointment. All papers were submitted by the petitioner before respondent no. 2 who passed the order contained in Memo No. 2429 dated 27.6.2000 terminating the service of the petitioner. Petitioner’s case is that he worked continuously for more than 11 years without any breakage in service. His appointment was made against the sanctioned post of the peon. He has duly been confirmed on the post in the school. The termination of petitioner’s service by the impugned order is illegal and without jurisdiction, especially when no departmental inquiry was initiated for dismissal of his service. It has also been stated that in a similarly situated circumstance, this court in C.W.J.C. No. 01986 of 2009 and its analogous cases, has quashed the impugned order, terminating services of the petitioners in those writ applications. The respondent No. 4 has filed counter affidavit stating that the cases of irregular appointment were examined by the Director, Secondary Education and in that very transaction, petitioner’s appointment was also examined and it was found that his appointment was irregular. Notice to show- cause was issued to the petitioner, as such, there is no illegality in the order. It has further been stated that the letter of 3 appointment was issued in favour of the petitioner by the District Education Officer who is not competent to make appointment of class-IV employees. Reference has been given to Govt. Circulars in support of this statement that Headmaster of the concerned school is only competent to make appointment on class-IV posts. Reference to Government Letter No. 16441 dated 03.12.1980 has also been made by the counsel appearing for the state in support of this fact that under Clause- 10 of this letter, there is a specific direction that even the person who has made such irregular appointment is liable to be terminated from his post. However, it has not been stated that till date, whether termination order has been issued against the concerned District Education Officer after holding departmental inquiry in this regard. Without going into further details, this writ application is being disposed of in the light of order passed in earlier writ application (C.W.J.C. No. 1986/09) disposed of by order dated 23.01.2009 and its analogous cases. In C.W.J.C. No. 1986 of 2009 and analogous cases, same impugned order dated 27.6.2000 contained in different Memo Nos. issued by the Director , Secondary Education , Government of Bihar terminating service of petitioners were passed, were quashed. Accordingly, in the light of the finding recorded in the earlier writ applications, the impugned order dated 27.6.2000 contained in Annexure-8 issued by the Director, Secondary Education, Govt 4 of Bihar, the order dated 02.9.2000 (Annexure-9) issued by the District Education Officer Patna and the order dated 01.12.2000 (Annexure-10) issued by the Principal, R.S.S.M. Railway Aided High School, Mokama Ghat, Patna terminating services of the petitioner is quashed. The respondents are directed to reinstate the petitioner, allowing all consequential benefits within four weeks from the date of receipt/ /production of the order. This writ application is, accordingly, allowed. AKV/ ( Mridula Mishra, J )