- (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:- The name of the appellant and two others were sponsored by the Employment Exchange, district Dumka and the appellant and two others were issued the interview letters and they appeared for interview on 13.05.1990. Vide Memo No. 70 dated 23.05.1990, the appellant was appointed on ad-hoc basis as Ayurvedic Compounder against vacant post in the Government Ayurvedic Dispensary Jama, Dumka in the scale of Rs. 950-1500/-. He was regularized by order issued vide Memo No. 149 dated 25.10.1991. On the recommendation of the Establishment Committee, the appellant was transferred from Ayurvedic Dispensary, Jama to Ayurvedic Dispensary, Kathikund vide order issued under Memo No. 222 dated 09.12.1992. The appellant was given revised scale of pay with effect from 01.01.1996 as is evident from pay fixation statement dated 16.07.1999. Later on, the appellant was transferred to the Government Ayurvedic Dispensary, Putulbona by an order issued under Memo No. 155 dated 06.10.2001 and the appellant joined the post on 15.10.2001 and continued in the said post.
(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.;