BHOLA PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal, at the instance of Bhola Prasad Singh and three others, is directed against the judgment and order dated 22nd June, 2004 passed by the learned Single Judge in a writ application filed by the appellants and one Kashi Prasad, being W.P. (S) No. 837 of 2002.

(2.) IT appears from the materials on record and the judgment under appeal that the appellants along with Kashi Prasad and 15 others filed a writ petition, being CWJC No. 13043 of 1993 before the Patna High Court, claiming regularization of their services in the Health Department of Government of Bihar. The said writ petition being dismissed, all the 20 writ petitioners filed a Special Leave Petition before the Hon ble Supreme Court, which was ultimately numbered as Civil Appeal No. 8336 of 1997. As was noticed by the Hon ble Supreme Court, those twenty appellants were appointed on 1st of January, 1980 by the Civil Surgeon, Dumka in Class III and Class IV posts as daily wagers. On 30th March, 1989 their appointments were regularised on the recommendation of the Appointment Committee. Subsequently, on 25.8.1993 the District Level Establishment Committee directed the appellants to show -cause as to why their appointments should not be cancelled, since their initial appointments were irregular and ultimately on 14th October, 1993, services of the said appellants were terminated.

(3.) THE present appellants thereafter filed the writ application, questioning the manner in which the order of the Hon ble Supreme Court had been interpreted to their disadvantage. The learned Single Judge upon hearing the parties and considering the direction given by the Hon ble Supreme Court agreed with the interpretation of the Commissioner -cum -Secretary that all the twenty persons had been reap -pointed on a misinterpretation of the order of the Hon ble Supreme Court by the Civil Surgeon -cum -Chief Medical Officer, Dumka and accordingly dismissed the writ application filed by the appellants herein.