VIKASH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the writ applications involve common issue, they have been heard together and in the facts and circumstances of the case are being disposed of by the present common judgment and order.

(2.) Heard Mr. P.K. Shahi, learned Senior counsel appearing on behalf of the petitioners and Mr. Ajay Behari Sinha, learned GA-8 appearing on behalf of the State in C.W.J.C. No. 7282 of 2020. Mrs. Nivedita Nirvikar, learned Senior counsel has represented the petitioner and Mr. Nagendra Prasad Yadav, learned SC-23 appearing for the State in C.W.J.C. No. 10738 of 2020. Mr. Kishore Kumar Sinha has appeared for the Bihar State Health Society.

(3.) There are 30 petitioners in C.W.J.C. No. 7282 of 2020 and one in C.W.J.C. No. 10738 of 2020. They are aggrieved by an order issued vide Memo No. 256 dtd. 25/2/2020 by the Health Department, Government of Bihar whereby a decision has been taken by the State Government to terminate all contractual appointments of Dentists consequent upon regular appointments having been made by the State Government of Bihar. The petitioners claim that they hold requisite qualification and are registered under the provisions of the Dentist Act, 1948. Pursuant to different advertisements for appointment on contractual basis they were engaged after following a process of selection. Initially they were appointed on daily wage basis and were allowed to work for two days in a week. Subsequently, a decision was taken in 2011 to pay Rs.30,000.00 per month to the Dentists. They also assert that the Dentists appointed on contractual basis were claiming regularization of their services and in order to press their demands, such Dentists had resorted to strike which resulted into an agreement between the representatives of the Dentists on the one hand and the Principal Secretary, Health Department on the other. The minutes of the meeting held on 10/3/2015 has been brought on record by way of Annexure 5 to the writ petition. It is further case of the petitioners that it was resolved in the said meeting that legal opinion from the learned Advocate General on the proposal of the body of the Dentists for regularization of their services shall be obtained and the department shall, on the basis of said legal opinion would send accordingly a proposal to the State Government. It was also resolved that no penal action shall be taken against such Dentists who had resorted to strike.