UMESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three letters patent appeals which arise out these writ petitions against two decisions but similar issues one is dated September 3, 1996, passed in CWJC No. 8210 of 1995 Umesh Sharma and others v. State of Bihar and others. The others are in CWJC No. 10350 of 1995 and CWJC No. 10363 of 1995 both dated February 5, 1997. Petitioners are in three sets of petitions and their date of appointments are given as below: @@@840.htm@@@

(2.) A fact not to be overlooked is that during the year 1985-86 the district of Gaya witnessed a Cholera epidemic. All the petitioners were recruited in the district of Gaya to deal with this Cholera epidemic to take prophylactic measures. To meet this emergency, the petitioners were recruited on different dates. Vaccination is continuing process and a permanent plan of the State Health Services, The circumstances that an epidemic took place, itself shows that there may have been a let and slackness in the preventive measures.

(3.) The petitioners contended that they had been issued appointment letters. Their service books had been opened. There was no issue that they had not been recruited. The immediate need to recruit them was the Cholera epidemic within the district of Gaya. The Original appointment letters had been sought and it is on record that they were in the custody of a clerk. This clerk suppressed the records and misplaced them. The State respondents suspended this clerk. The best evidence lay with the respondents themselves, the issue that the clerk had destroyed the records is a matter for the respondents to enquire into. The petitioners submit that another set of appointment in lieu of the petitioner was being attempted surreptitiously.