KRISHNA KUMAR DAHARIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By a common order dated 16.06.2016 issued under the signature of Chief Medical and Health Officer (CMHO), District Baloda BazarBhatapara, 121 persons were dismissed from service on the ground that either the appointment was illegal or irregular. Along with this order, a list of the employees was appended which became the cause of action for filing writ applications by large number of such employees. The impugned annexure was Annexure P/1 to the writ applications. All the writ applications came to be clubbed together and heard together and also dismissed by a common order dated 27.09.2017. Therefore, these appeals.

(2.) On 13.06.2012, the CMHO, Raipur issued an advertisement inviting applications for appointment on various posts in three Districts, namely Raipur, Baloda Bazar and Gariyaband. Present dispute is confined to the District of Baloda Bazar. The advertisement talked of a large number of posts. Responses were received. District Selection Committee made recommendation of the selected candidates and appointment on Class-III and Class-IV posts were made. The dispute arose because only 143 sanctioned posts were advertised, but 272 appointments came to be made. Complaints were made to various authorities and based on those complaints, a preliminary enquiry was conducted by the In-charge Divisional Programme Officer, who submitted his report to the Divisional Joint Director, Health Services. Based on those report or inputs, on 09.10.2015, the Director, Health Services issued a direction to the Collector, Baloda Bazar to set aside the illegal appointments. Similar kind of direction was also issued to the CMHO, Baloda Bazar on 09.10.2015 to set aside those illegal appointments.

(3.) Writ applications came to be filed against such a decision and prima facie the Court being satisfied that such decision for termination not being in conformity with the law, the respondent authorities decided to withdraw the letters of termination. This was done by the Director, Health Services vide his letter dated 17.11.2015.