IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1002 of 200 UPENDRA KUMAR YADAV SON OF LATE RAGHUBIR PRASAD YADAV, RESIDENT OF VILLAGE AND POST BUDHMA, P.S.MADHEPURA,DISTRICT-MADHEPURA……….. APPELLANT VERSUS 1 THE STATE OF BIHAR 2 THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3 THE ENGINEER-IN-CHIEF-CUM- ADDITIONAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 4 THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 5 THE CHIEF ENGINEER, SOUTH BIHAR WING, ROAD CONSTRUCTION DEPARTMENT, PATNA. 6 THE SUPERINTENDING ENGINEER, BHOJPUR ROAD CIRCLE, ARRAH……………………………. RESPONDENTS. ---------------- 3 30-3-2010 Heard learned counsel for the appellant and perused the various documents annexed with the memorandum of appeal. We are in agreement with the view expressed by the writ court that there is no material to show that the appellant’s entry into service on ad hoc basis was after complying with the mandate of equality and after giving chance to similarly situated persons to compete. Some of the documents reveal that the authorities, out of some fear are not expressing the 2 nature of the illegality but on careful perusal of the material we find that the termination of the petitioner from service on the ground that appointment was illegal does not require interference. The records disclose that in the year 1991 also his service was terminated as it was a case of illegal appointment but he was reinstated after eight years in the garb of a retrenched employee. We find no merit in this appeal. It is accordingly dismissed. Naresh ( Shiva Kirti Singh, J.) ( Gopal Prasad, J)