MD ASHIF Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise out of an order passed by a Division Bench of the High Court of Patna whereby Letters Patent Appeal Nos. 33 and 540 of 2002 have been allowed, the order passed by the learned Single Judge set aside and Writ Petitions No. 11701 and 9024 of 2001 dismissed.

(3.) The appellants in these appeals were in June 1985 appointed as Voluntary Health Workers in State run dispensaries within the district of Darbhanga in the State of Bihar. In lieu of their services they were paid a monthly honorarium of Rs. 50/- only. Less than five months after their initial appointment they were absorbed as Primary Health Workers by the Chief Medical Officer which carried a pay SCALE of Rs. 535-765. It is not in dispute that the appellants continued to work for nearly 15 years as Primary Health Workers, till their services were terminated by an order dated 20th February, 2001 on the ground that their promotion/absorption as Primary Health Workers was illegal and contrary to the rules. The termination, it appears, came pursuant to an enquiry regarding procedure followed in the making of the appointments to class III posts. The enquiry revealed that the appointments were in breach of circular/instructions dated 3rd December, 1980 issued by the Chief Secretary of the State of Bihar pointing out that appointment to Class-3 posts had been made in violation of procedure laid down by the State Government in terms of two circulars dated 10th July, 1980 and 26th September, 1980. The Government, therefore, directed all the Heads of the Departments, Divisional Commissioners and the District Magistrates to review the system and to send their reports to ensure that action for filling up of the vacant posts is taken in accordance with the prescribed procedure. It was further directed that appointments made in violation of the prescribed procedure would not only call for action against those who make such appointments but render the appointments liable to be cancelled.