IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2223 of 2007 Bahadur Manjhi, son of Jagaran Manjhi, resident of Village- Kashipur, P.O. & P.S.- Chandil, District Saraikela- Kharsawan, Jharkhand … … Petitioner Versus 1. The State Of Bihar, through the Commissioner-cum- Secretary, Water Resources Department, Irrigation Bhawan, Bihar, Patna 2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Irrigation Bhawan, Bihar, Patna 3. The Special Land Acquisition Officer, Middium (Madhyam) Irrigation Project, Nawada, Bihar 4. The Secretary, Water Resources Department, Irrigation Bhawan, Government of Jharkhand, Nepal House, Doranda, Ranchi 5. The Chief Engineer, Suvarnrekha Bahudeshiye Pariyojana (Multi purpose Project), Chandil Complex, P.O. – MGM, Medical College, Mango, Jamshedpur, Jharkhand 6. The Administrator, Suvarnarekha Bahudeshiye Priyojana (Multi purpose Project), Adityapur, Saraikela- Kharsawan, Jharkhand .. … Respondents ---------------------------------- For the Petitioner :Mr. Madhaw Prasad Yadav, Advocate For the State of Bihar :Mr. Shantanu Kumar, A.C. to AAG-IV For the State of Jharkhand :Mr. Dhruba Mukherjee 03/ 17.08.2011 Heard learned counsel for the petitioner, the State of Bihar and the State of Jharkhand, who has also filed counter affidavit, but has not disputed the contents or the genuineness of any of the orders annexed with the writ petition in support of the prayer made therein. 2. Petitioner at the relevant time served as 2 Peon in the office of Special Land Acquisition Officer, Medium Irrigation Project, Nawada. He has filed this writ petition challenging the office order bearing Memo No. 1899 dated 9.12.2002, Annexure- 7 issued under the signature of the Director, Land Acquisition and Rehabilitation of the Water Resources Department whereunder the appointment of the petitioner on the post of Peon has been found to be illegal and on the basis of the illegality found has been cancelled with effect from the date of issue of the impugned order. 3. Close perusal of the impugned office order dated 9.12.2002, Annexure-7 indicates that the service of the petitioner has been found illegal as he was appointed on Class IV post of Peon by the then Administrator, Suwarn Rekha Project, Adityapur, Jamshedpur under Memo No. 1087 dated 9.8.1985, Annexure-3 without following the norms of selection namely, advertisement, conduction of selection process etc. It further appears that under press notice dated 29.9.1998, petitioner and others were asked to produce their appointment letter as also to justify the 3 legality of their appointment before the authorities that they were appointed after undergoing selection process. Petitioner never responded to the said notice and as he never disputed the contents of the press notice, the impugned order bearing Memo No. 1899 dated 9.12.2002, Annexure-7 was passed cancelling his appointment. 4. It is submitted on behalf of the petitioner that he being a Class IV employee, seldom has the opportunity to go through the newspaper and he was never made aware of the press notice dated 29.9.1998, as such, could not respond to justify his claim that he was a displaced person and was appointed on Class IV post pursuant to the policy decision of the State Government contained in Memo No. 796 dated 21.2.1981, Annexure-2, which required the authorities of the then Irrigation Department vide paragraph 2 (p) of the said policy decision to grant preference to the displaced persons of the Chhotanagpur and Santhal Paragana Division in connection with appointment on Class IV post available in the Department. In this connection, 4 learned counsel for the petitioner referred to the appointment order bearing Memo No. 1087 dated 9.8.1985, Annexure-3 whereunder petitioner and one Gopal Manjhi, both were appointed on Class IV post of Peon on provisional basis for three months on the ground that they were displaced persons. Appointment of the petitioner and others was made regular under office order, bearing Letter No. 2256 dated 14.11.1986, Annexure-4 subject to production of the Development Book or displacement certificate granted by the Rehabilitation Officer. Later, petitioner under order bearing memo No. 784 dated 28.2.1997, Annexure-5 issued by the Director, Land Acquisition and Rehabilitation-cum- Deputy Secretary of the Water Resources Department was adjusted in the office of the Special Land Acquisition Officer, Medium Irrigation Project, Hazaribagh. By order No. 210 dated 26.6.1998, Annexure-6, petitioner was transferred from the office of the Special Land Acquisition Officer, Medium Irrigation Project, Hazaribagh to the office of the Special Land Acquisition Officer, Medium Irrigation Project, 5 Nawada. 5. It appears, while holding the appointment of the petitioner irregular under the impugned order bearing Memo No. 1899 dated 9.12.2002, Annexure-7, the Director, Land Acquisition and Rehabilitation has neither considered the policy decision of the State Government dated 21.2.1981, Annexure-2 whereunder it was resolved to grant preference to the displaced person(s) for appointment on Class IV post nor the authorities have considered the subsequent office order bearing Letter No. 2256 dated 14.11.1986, Annexure-4 by which the services of the petitioner and others was regularized. The Director has also not considered the subsequent orders by which petitioner was transferred from one office to another, including the last transfer order of the petitioner from Hazaribagh to Nawada. It is thus evident that the impugned order bearing Memo No. 1899 dated 9.12.2002, Annexure-7 has been passed without taking into account the policy decision and the orders regularizing the service of the petitioner, as such, suffers from the vice of the arbitrariness and is 6 fit to be set aside as neither the contents nor the genuineness of the orders relied in support of the prayer made in the writ petition has been disputed either by the State of Bihar or by the State of Jharkhand although counter affidavit has been filed on behalf of State of Jharkhand. 6. As the genuineness, contents of the orders on the basis of which petitioner claimed himself to have been appointed on the post of Peon in the Water Resources Department of the United State of Bihar has not been disputed by the respondents, I have no option, but to quash the impugned order bearing Memo No. 1899 dated 9.12.2002, Annexure- 7, which is, accordingly, quashed with direction to the petitioner to appear before the Secretary of the Water Resources Department of the State of Bihar and to satisfy him that petitioner and his father were displaced from their house/ lands, as has been claimed in paragraphs 4 and 5 of the writ petition and on the basis of such displacement, petitioner was appointed and regularized on the post of Peon under office order bearing Letter Nos. 1089 dated 9.8.1985 7 and 2256 dated 14.11.1986, Annexures-3 and 4 in compliance of the policy decision dated 21.2.1981, Annexure-2 and if both the contentions are found correct then to reinstate the petitioner on Class IV post in the Department with continuity in service and back wages. 7. Appropriate order in this regard be passed by the learned Secretary within two months from the date of receipt/ production of a copy of this order before him. In the event, the Secretary is not satisfied about the contention of the petitioner that he was displaced person and was appointed under office order bearing Letter Nos. 1089 dated 9.8.1985 and 2256 dated 14.11.1986, Annexures-3 and 4 pursuant to policy decision dated 21.2.1981, Annexure-2 then he shall pass appropriate reasoned order rejecting such claim within the same time. 8. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)