IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10751 of 2002 RAM SAKHA THAKUR Versus THE STATE OF BIHAR & ORS ----------- 3/ 27/02/2009 Heard learned counsel for the petitioner and learned counsel for the State of Bihar. The petitioner is aggrieved by the order of his termination dated 20.6.2002. The appointment letter of the petitioner is annexed at annexure-1. It states that he was an outsider, not in government service. To this Court, the language and tenor of the appointment letter speaks eloquently of the nature of the appointment, contrary to any procedures of law for an open advertisement followed by an open selection. There is no pleading in the writ application of an open advertisement, but only a camouflage that an advertisement was published on the notice board. This has already been held by judicial pronouncements to be not adequate compliance with Article-14 of the Constitution. Learned counsel for the State submits that the respondents adequately gave the petitioner an opportunity to show cause notice also. In an illegal origin of the appointment, the submission that he continued in service from 1982 till 2 2002, does not persuade this Court on the quantum of the service period to warrant any sympathy. The petitioner has already lost his job and has been declined relief by this Court. That part of the termination order is, therefore, set aside which directs recovery from him and this Court directs that the recovery shall be effected from the Regional Deputy Director, Tirhut Division, Muzaffarpur who appointed the petitioner by the order dated 16.4.1982. The application is dismissed. KC (Navin Sinha, J.)