IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5257 of 2002 MANORANJAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 5/ 16-01-2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by his order of termination dated 11.12.2000. Learned counsel for the petitioner submits that the petitioner has been terminated unceremonially after his appointment in July 1988, i.e., after about 13 years of his service. No proceedings were initiated against him. The fact of the matter is that a show-cause notice was issued to him and he replied the same. His order of appointment is dated 27.07.1988 ,at Annexure-1 .The appointing authority claims to have the powers of appointment in him and purports to make appointment in anticipation of approval of the appointment. If the appointing authority had the power to make appointment, there was no question of approval for appointment on the post of Class III post, i.e., Amin. In his reply to the show-cause issued to him as to why his services be not terminated due to illegal appointment, the petitioner of C.W.J.C. No. 5237 of 2002 in his reply dated 7.1.2000, at Annexure-7 at paragraph-4, has admitted that no advertisement whatsoever was issued. Any appointment in the Government service can only be made in accordance with Article 14 of the Constitution which requires an open advertisement followed by open selection on merit. The nature of the appointment being per se illegal, merely long continuation on the - 2 - post cannot be made the basis of a claim by the petitioner. This writ application is dismissed. B.Tiwary/ ( Navin Sinha, J. )