BHOLA PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petitioners alongwith 15 other filed CWJC No. 13043 of 1993 before the Patna High Court, claiming regularisation in the Health Department of Government of Bihar. The said writ petition was dismissed by order dated 23.9.2004. All the 20 writ petitioners including the present 5 petitioners of this writ application preferred SLP before the Supreme Court, which after grant of leave was converted into civil appeal No. 8336 of 1997. The Supreme Court disposed of the said appeal with certain directions. The judgment of the Supreme Court is reported in, 1998 (1) PLJR (SC) 17, Arun Kr. Rout and Ors. V/s. The State of Bihar and Ors. Form perusal of the judgment of the Supreme Court as aforesaid, it appears that the Apex Court has noted the following facts of the case. The facts noted in the judgment are reproduced hereinbelow : - -

(2.) AFTER noticing the above facts, the Supreme Court disposed of the aforesaid civil appeal with the following observation and direction.

(3.) NOW the grievance of the petitioners is that suddenly after a period of about a period of 11 months from the date of their reappointment, the respondent No. 3, the Chief Medical Officer -cum -Civil Surgeon has issued an order vide Memo. No. 322, dated 3.4.1999, communicating the order of the Deputy Director, Health Medical Education and Family Welfare as contained in Memo. No. 202, dated 22.2.1999 and the order of the Commissioner -cum -Secretary, vide Memo. No. 307, dated 26.3.1999, cancelling the order dated 12.5.1998, i.e. reappointing the petitioner, on the ground that the reappointments were not done in accordance with the directions of the Hon ble Supreme Court. The order dated 3.4.1999 of the respondent No. 3 had been made Annexure -5 to the present writ application. The respondent No. 3 vide his order dated 3.4.1999 asked all the aforesaid 20 persons including the present five petitioners to appear before him on 8.4.1999 with the Educational qualification certificate, Age certificates and Mark sheets. The petitioners appeared before the respondent No. 3 on the date fixed but since no order was being passed then all the 20 appellants filed contempt petition before the Supreme Court in two sets which were registered as contempt petition (C) No. 400 of 1999 and contempt petition (C) No. 401 of 1999. Both the contempt petitions were disposed of by the Supreme Court vide order dated 13.12.1999, annexed as Annexure -7 to the present writ application. For ready reference, the order of the Supreme Court is reproduced hereinbelow : - -