STATE OF BIHAR Vs. PURENDRA SULAN KIT

JUDGEMENT

(1.) THIS judgment and order is to govern approximately 819 Letters Patent Appeals and Writ Petitions which have been heard as analogous cases because the concerned employees in all these oases whether they are impleaded as petitioners or respondents belonged to cadre of Class III or Class IV employees under the Health Department, Government of Bihar. The services of these employees have been terminated on alleged illegalities/ irregularities in their appointment.

(2.) ON behalf of the affected employees and on behalf of the State arguments stretching over several dates have been advanced covering important issues of law such as when an appointment may be treated as illegal or when it should be termed only as irregular capable of being regularised by the State on relevant considerations.

(3.) SOME of them have also been retired by now and for a long spell of more than almost two decades in most of the cases no grievance or complaint came to be made or no enquiry came to be undertaken against them and, therefore, their termination without following proper procedure or observing the principle of natural justice cannot be sustained.