- (1.) The petitioner has preferred the instant writ petition for following reliefs: "(I) For quashing the order dated 15.01.2011 whereby and whereunder the services of the petitioner has been terminated declaring the compassionate appointment of the petitioner as an illegal appointment. The petitioner has been terminated from service after more than 23 years of services in the post of "Male Warden" (Class IV) without affording any opportunity of hearing, which is against the "Rule of Natural Justice." (II) For payment of salary of the petitioner since November, 1994 to October, 2009, when the petitioner has continuously worked against Class IV post at Mohanpur Primary Health Centre at Deoghar. But, inspite of the direction of this Hon'ble Court in CWJC No. 12685/1999 (Patna) vide order dated 16.04.2002, whereby it has been directed to the Secretary, Health Department, Government of Jharkhand, Ranchi to enquire the matter and take decision relating to payment of salary of the petitioner within 2 months. But inspite of filing of Contempt application vide No. 505/2010 and issuance of notice in contempt matter to the Secretary, Health Department, Government of Jharkhand, Ranchi on 10.12.2010, till date not a single penny has been paid to the petitioner, when an amount of Rs. 9,31,859/- has been sanctioned by the In-charge, Medical Officer, Primary Health Centre, Mohanpur (Deoghar)."
(2.) The learned counsel for the petitioner has submitted that with respect to prayer No. 2 which relates to payment of salary, part salary has been released by virtue of Annexure-B annexed to the counter affidavit and for non-payment of the remaining amount, the petitioner has preferred another writ petition before this Court and as such he is not taking relief sought by him in prayer No. 2. It has been argued by the learned counsel for the petitioner that the petitioner was appointed on 09.01.1986 by the order of the Civil Surgeon-cum-Chief Medical Officer, Dumka. He continued in his service, but his salary was stopped in the month of November, 1994 against which he had preferred a writ petition before this Court in CWJC No. 12685 of 1999, and the same was disposed of vide order dated 16.04.2002 (Annexure-1 to the writ petition). The said order is quoted hereinbelow:-- "The counsel for the petitioner informed that the father of the petitioner died in harness in the year 1973. If that be so, the guidelines for compassionate appointment having issued for the first time in the year 1977, there was no occasion to appoint the petitioner on compassionate ground. Further, the order of appointment being provisional and temporary, in nature and subject to approval of Deputy Commissioner, Deoghar, the petitioner cannot derive any advantage to continue against the post. However, in view of the fact that the petitioner claims to be working and the respondents having not finalised the matter, the case is remitted to the competent authority for decision. In view of reorganisation of State, the petitioner is given liberty to approach the Secretary, Health Department, Government of Jharkhand, who will enquire the matter from the Civil Surgeon-cum-Chief Medical Officer and will take decision relating to payment of salary within two months from the date of receipt of representation. It will be open to the Respondents to raise the question of legality and propriety of appointment, if found to be illegal. The writ petition stands disposed of."
(3.) It has been submitted on behalf of the petitioner that in terms of the order dated 16.04.2002, he had preferred a representation before the concerned authority for releasing arrears of salary, and the said representations has been filed by the petitioner way back in the year 2002 but no decision was taken by the authorities concerned for payment of arrears of salary.;