SACHIDA NAND SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It is submitted by learned counsel for the petitioners that all the four petitioners namely Sachida Nand Singh, Sanjeet Kumar. Binod Kumar Sharma and Sanjay Kumar claim to be appointed on the post of Family Planning Worker, Health Servant (Peon), Sanganak (Computer) and Family Planning Worker respectively in the Health and Family Welfare wings of the Health Department of the Government of Bihar in the year 1989. The respondent authorities terminated the petitioners from the service by termination order dated 30th May, 1992 bearing Memo No. 81 contained in Annexure-3, exactly in similar manner as it has been done to the petitioners of C.W.J.C. No. 6575 of 2009, mainly on the ground that in pursuance of the direction, issued by the Hon'ble Patna High Court, an inquiry committee was constituted in order to asses the legality, propriety of the appointments made in the Health and Family Welfare wings of the Health Department since it was reported that all the appointments have been made illegally by the authority, who was not competent to make such appointment. It was pointed out in the enquiry report, dated 31st December, 2008, that all the appointments are dehors the law. This report was again challenged in C.W.J.C. No. 6575 of 2009 and other analogous cases and the Hon'ble Patna High Court has quashed the aforesaid report vide order dated 6th October, 2009. This order passed by Hon'ble Patna High Court in the aforesaid writ petition was also confirmed vide order dated 29th March, 2011 in L.P.A. No. 230 of 2011.

(2.) Learned counsel for the petitioner further submitted that similarly situated persons over here, in the State of Jharkhand, has also preferred writ petition, bearing W.P.(S) No. 6400 of 2002, which was being decided in favour of those petitioners by order dated 28th June, 2011. The case of these petitioners are exactly similar to the cases of the petitioners of the aforesaid C.W.J.C. No. 6575 of 2009 and W.P. (S) No. 6400 of 2002 rather cases of-these four petitioners stands on better footing because their appointments have been done by legally constituted 3 men selection committee in the same period of 1969 to 1987 and thereafter in year 1989 of the same health department as it has been held in 2nd Para of the Judgment dated 06.10.2009 passed in C.W.J.C. No. 6575 of 2009. Services of these four petitioners have also been terminated without conducting proper and prescribed rules of departmental proceeding and impugned enquiry report in case of these petitioners has also been prepared completely in violation of natural justice and, therefore, exactly similar direction may be given to respondent No. 2 to consider the cases of these petitioners in the light of the decision rendered by the Hon'ble Patna High Court, vide order dated 6th October, 2009, in C.W.J.C. No. 6575 of 2009, the order dated 29th March, 2011 rendered in L.P.A. No. 230 of 2011 as well as the decision rendered by this Court in W.P.(S) No. 6400 of 2002 dated 28th June, 2011 within a stipulated time to be given by this Court.

(3.) I have heard counsel for the respondents, who has submitted that they do not have much objection, if such a direction is given to respondent No. 2 to treat this writ petition as a representation and decide the claim made in this writ petition exactly in terms of order dated 6th October, 2009 passed in C.W.J.C. No. 6575 of 2009, in accordance with law, within the stipulated time, as given by this Court.