DEEP CHANDRA VERMA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the order dated 03.04.2007 passed in W.P.(S) No. 5416 of 2003 whereby the learned Single Judge dismissed the writ petition and declined to quash the order of termination issued in Memo No. 152 dated 06.08.2003.

(2.) Brief facts:-

(3.) In connection with the enquiry, the Secretary, Health and Family Welfare Department, Jharkhand, vide his letter No. 144 dated 17.07.2002, directed 18 Class III and Class IV employees of Deshi Chikitsa of Duraka district including the appellant to appear before him with all the documents relating to their appointment on 22.07.2002. According to the respondents, inspite of above" letter issued, the appellant did not appear before the Secretary, Health and Family Welfare Department and therefore, an order was issued under Memo No. 152 dated 06.08.2003 by the Secretary, Health and Family Welfare Department, Jharkhand terminating the services of the appellant and four others holding that their appointment was illegal. The appellant and three others (Birendra Ram Das, Narayan Paswan and Manoj Kumar Verma) have filed writ petitions (the writ petition of the appellant being W.P.(S) No. 5416 of 2003) for quashing the order of termination dated 06.08.2003. Vide common judgment dated 03.04.2007 the learned Single Judge dismissed all the four writ petitions by referring to Uma Devi, 2006 4 SCC 1 and held that the appointment of the appellant and others were illegal appointment and in view of the judgment in Uma Devi's case the order of termination cannot be said to be illegal. Being aggrieved by the dismissal of the writ petition, the appellant has preferred this Letters Patent Appeal.