SARDARRAMBHAJANSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are 11 petitioners in this writ application. Their prayer is for quashing the order as contained in memo No. 3296 dated 5-10-1987 (Annexure-1) by which the services of 95 persons including the petitioners, who claim to have been absorbed in Class IV posts, have been cancelled.

(2.) It appears that the petitioners have been working as Daily Wagers in Government Health Centres in the district of Rohtas and subsequently they were sought to be absorbed by Dr. R. C. Srivastava, the then Civil Surgeon-cum-Chief Medical Officer, Rohtas. By Annexure-1, the alleged appointments have been nullified on the ground that the same has been made without following the Recruitment Rules and the procedures laid down by the Government and, therefore, in law there was no appoiatment to establish the relationship of master and servant between the different persons including the petitioners and the Government. A counter-affidavit has been filed on behalf of the Respondents.

(3.) Mr. Mukhopadhya, learned counsel appearing for the petitioner, has submitted that out of aforesaid 95 persons, 9 had moved this Court earlier against the impugned order vide C. W. J. C. No. 8002 of 1990, which has been disposed of on 30-9-1991 with certain observations. Learned counsel for the petitioners also submits that this application should also be disposed of in the same terms. Learned counsel for the State has no objection to the said proposal.