FULESHWAR KAMATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these writ applications common questions of law with little variation of fact arise and as such, they were heard together and are being disposed of by this common judgment.

(2.) Petitioners of all these writ applications were working either as Basic Health Worker, Family Planning workers, Jeep Drivers, Vaccinator, Dresser, Peon and Ward Attendants before their promotion as Clerks, a Class III post excepting Ranjit Kumar Sinha and Fuleshwar Kamat, petitioners of CWJC Nos. 9401 of 2003 and CWJC No. 6354 of 2003 who were promoted as Family Welfare Workers. According to the petitioners, the Civil Surgeon, Madhepura sought details from various Medical Officers of different Hospitals and Primary/Health Centres of such employees who can be promoted as Clerk. It is their assertion that in the light thereof, the Controlling Officer, where the petitioners were working, forwarded their names, although the details thereof have not been furnished. Ultimately, petitioners were promoted to the post of Clerk excepting Ranjit Kumar Sinha and Fuleshwar Kamat who were promoted as Family Welfare Workers. Undisputedly, these promotions were effected by the Civil Surgeon without placing their cases for promotion before the Establishment Committee constituted for the purpose and without its recommendation. The orders of promotions of these petitioners were issued in between 31st of August, 1992 to 10th of February, 1993 excepting petitioners Sudhir Prasad (CWJC No. 12038 of 2003), Deep Narain Mahto (CWJC No. 7528 of 2003) and Ranjit Kumar Sinha (CWJC No. 9401 of 2003) who ware promoted on 23.6.1993, 3.12.1993, and 6.4.1994 respectively. After the promotion of these petitioners a meeting of the so called Establishment Committee consisting of Civil Surgeon-cum-Chief Medical Officer, Madhepura, Additional Chief Medical Officer, Deputy Superintendent Incharge, Sadar Hospital and Medical Officer of Kuamrkhand, a member of the Scheduled Caste, was held on 22.2.1993 in which the Civil Surgeon apprised the members about the dearth of the clerks in the hospitals on account of ban imposed by the State Government, which necessiated the petitioners promotion and the committee accorded approval to the promotions given to the petitioners, excepting the three petitioners enumerated above.

(3.) Later on promotions granted to the petitioners were objected by the audit team. Accordingly, the Director-in-Chief, Health Services, by its communication dated 18.4.1998, wrote to the Civil Surgeon to cancel the promotion of the petitioners and to revert them to the original post. Some of the petitioners aggrieved by the same, preferred CWJG No. 4891 of 1998 (Arvind Kumar Yadav and Ors. v. The State of Bihar and Ors.), and CWJC No. 5985 of 1998 Purshottam Lal Das and Anr. v. The State of Bihar and Ors.... This Court, by a common order dated 25.11.1998, allowed the writ applications, quashed the order cancelling the promotion and reverting them to the original post, primarily on the ground that adequate opportunity to show cause was not given to the employees. While doing so it gave liberty to the State Government to issue an appropriate show cause notice and pass final order in accordance with law. Relevant portion of the said judgment reads as follows.