SHYAM KISHORE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the writ petitions were listed for hearing and a common question of law, whether the High Court of Jharkhand has jurisdiction to entertain the writ petition, has arisen in both the cases therefore, with the consent of the parties, both the cases were taken up for hearing together and I propose to dispose of both the writ petitions by a common order.

(2.) This writ petition has been filed by one Shyam Kishore and five other persons seeking quashing of Executive Order No.81 dated 30.05.1992 passed by the Health Commissioner and Secretary, Health Department, Government of Bihar, whereby the services of the petitioners were terminated. A further prayer seeking quashing of Executive order dated 30.03.2002 passed by the Respondent No. 2, the Health Commissioner (Cell)cum Secretary, Health Department, Government of Jharkhand, has been made by the petitioner. In the writ petition, Respondent Nos. 1 to 4 are the authorities of the State of Jharkhand and Respondent No. 5 is the Deputy Director Tuberculosis (T.B.), Health services, Bihar, Patna.

(3.) The brief facts as disclosed in the writ petition are that, in view of memo dated 25.03.1983, Government of Bihar constituted a Selection Committee to fill up the vacant sanctioned post in the Health Department and local advertisements were posted in front of the office notice board in different offices. The petitioners made applications and they appeared before Selection Committee. The petitioners were selected vide memo dated 23.01.1990 and they were appointed/adjusted against the sanctioned vacant post of male Family Planning Workers on temporary basis and they gave their joining at Primary Health Centre (P.H.C), Panki, Palamua. The services of the petitioners were confirmed however, when their salary was withheld on the ground that their initial appointment was illegal, they moved the Patna High Court in C.W.J.C. Nos. 1956/1990(R), 2024/1990(R), 1394/1990(R) and 2506/1990(R). The writ petitions were disposed of by order dated 05.09.1991 with a direction to the Secretary, Health Department, Government of Bihar to decide whether the appointment of the petitioners was legal or illegal, regular or irregular and a direction was also given for payment of their salary for the period they had actually worked. A showcause notice dated 26.02.1992 was issued to the petitioners and by order dated 30.05.1992, the petitioners were terminated from service.