SANJIV KUMAR GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has approached this Court for quashing of an order contained in Memo No. 1562 dated 15th May 1993 issued by the Commissioner - cum - Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar. He further prays for reinstatement of his services on the post of Health Worker. The petitioner has relied upon the judgments passed by this Court in WPS No. 628/2010 and WPS No. 5629/2010 dated 04th May 2010 and 10th January 2011 respectively to submit that in similar circumstances, persons whose services were terminated in the year 1993, had approached this Court in the aforesaid two writ petitions relying upon certain orders passed by the Patna High Court in CWJC No. 6575/2009. In such circumstances, respondents were directed to consider the representation of the petitioners by passing a speaking order within a stipulated period.

(3.) COUNSEL for the respondent State, on the other hand, by relying upon the statements made in the counter affidavit, submits that this appointment was made by Dr. A.A. Mallick, Deputy Director, Tuberculosis in a wholly illegal and irregular manner sometimes in the September 1992. However, it was found by the competent authority at the relevant point of time in the year 1993 itself that these appointments were wholly without jurisdiction and done in a illegal and irregular manner. It is further stated on behalf of the respondents that when the appointments made by Dr. Mallick were terminated by the then Government of Bihar, aggrieved employees went up to the Hon'ble Apex Court in Civil Appeal No. 10758-59 of 1995 reported in 1997 (2) SCC 1 in which, according to the respondents, it was observed that after full compliance of principles of natural justice to the concerned employees, appointments were recalled and terminated. Therefore, termination order of such appointees was affirmed up to the Hon'ble Apex Court.