PRASHANT KUMAR @ PRASANT KUMAR S/O SRI BRAHMANAND PANDEY Vs. STATE OF BIHAR THROUGH DISTRICT MAGISTRATE/THE COLLECTOR, GOPALGANJ

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel appearing for the State.

(2.) COUNTER affidavit has been filed on behalf of the District Magistrate -cum -Chairman, District Health Society, Gopalganj (Respondent No. 3) and the Civil Surgeon - cum -Member, District Health Society, Gopalganj (respondent No. 4). Reply to the counter affidavit has been filed by the petitioner. Petitioner was appointed on the post of Health Manager. Period for appointment was for two years. It was purely a contractual service. The appointment was made by the State Health Society, Bihar in compliance of the policy of the Government to monitor the management of health services to Primary Health Centre in the district level. The District Magistrate of the concerned district is the Chairman of District Level Committee. The Civil Surgeon and others are its members.

(3.) PETITIONER 'scase is that the advertisement for appointment of Health Manager in Gopalganj district was published in the year, 2007. He also applied for the post, appeared before the Interview Board and finally selected for his appointment at Primary Health Centre, Kataiya. The appointment letter was issued to the petitioner on 21.3.2007. An agreement was executed in between the appointee (petitioner) and the Rogi Kalyan Samitt. The terms and conditions as mentioned in the agreement were that: (i) the duration of service will be for two years; (ii) the service can be terminated in between if it is not found satisfactory; and (iii) for termination of service, one month prior notice or one month 'ssalary for the subsequent month will be mandatory. The petitioner was also asked to file an affidavit regarding his antecedent which was duly complied with.