LAWS(JHAR)-2004-8-37

BIJOY PRASAD ROY Vs. STATE OF JHARKHAND

Decided On August 24, 2004
Bijoy Prasad Roy Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD Mr. P.K. Verma, learned counsel for the Petitioners and Ms. Bharti Kumari, JC to GP -IV for the respondent Nos. I to 6.

(2.) SIMILAR affidavit has been filed on behalf of the State of Jharkhand. It has been stated in paragraph ''5 that Health Guide Scheme was initiated in the financial year 1982 ''83, mentioning that these Health Guides will work for service to the society on a fixed honourarium and that it will neither be treated as a source of income nor as a basis for a claim in Government service. It has also been stated that their consent for sparing their time for service to the society was taken and thereafter, kept in records and therefore, it cannot be said that these persons are Government employees. It has also been stated that there is no post of Health Guide created by Health Department of the State. In support of the aforesaid contention, the Health Guides Scheme has been brought on record vide Annexure ''A to the Counter Affidavit of the State of Jharkhand.

(3.) THIS Court is in respectful agreement with the Order passed on 2.8.2001 in WP (S) No. 3443 of 2001 and accordingly, proceeds to hold that this case is squarely covered by that order and therefore, there is no scope for any interference by this Court in this case.