JUDGEMENT
M.Y.EQBAL, J. -
(1.) IN this writ application the petitioners have prayed for quashing the order dated 12.8.2002 passed by the Secretary, Health and Family Welfare, Government of Jharkhand, whereby
appointment of the petitioners have been held to be illegal and also for quashing the order dated
20.12.2002 whereby petitioners have been relieved from their service.
(2.) PETITIONERS ' case is that in the year 1982 certain vacancies arose for the post of Unani Compounder (Indigenous corn -pounder) in the department of health and Family Welfare and
requisition was sent to the employment exchange office for forwarding the name of eligible
candidates and accordingly names of petitioner No. 1 and other eligible candidates where
forwarded to the concerned department. Petitioner No. 1 thereafter appeared in interview and on
being declared successful he was given appointment with effect from 22.9.1982. Copy of the
office order dated 22.9.1982 is annexed as Annexure -4 to the writ application.
It is contended by the petitioner No. 1 that since then he has been working and discharging his duty and was given first time bound promotion in the year 1999. Copy of the office order dated
26.10.1999 giving time bound promotion has been annexed as Annexure -5 to the writ application. Petitioner No. 1 while in service was also transferred to various place and he joined and performed
his duty on the transferred post.
(3.) SIMILARLY , petitioner No. 2 was also got himself enrolled in the employment exchange and on the request made by the concerned respondent the name of petitioner No. 2 alongwith other eligible
candidates were forwarded for the appointment in the post of Indigenous Compounder. Petitioner
No. 2 was then called for interview vide letter -dated 16.6.1986 and by the office order dated
21.6.1986 he was given appointment on the said post. Petitioner No. 2 also submitted his joining on 23.6.1986 and since then he has been working on the said post. Petitioner has annexed copy
of the proceeding of the appointment committee as Annexure -11 to the counter affidavit. Petitioner
No. 2 was also given first time bound promotion and he has been working on the said post.;
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