MAHENDRA SHARMA AND ORS. Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-6-20
HIGH COURT OF JHARKHAND
Decided on June 23,2015

Mahendra Sharma And Ors. Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

- (1.) None appears on behalf of the petitioner. Learned counsel for the respondent- State is present.
(2.) Petitioners herein are 23 in numbers who are seeking issuance of writ of certiorari for quashing of the order dated 23.8.1998 issued by the Director-in-Chief, Health Services, Bihar where under their services were terminated claiming that they are similarly situated persons to those petitioners whose cases were decided by the Patna High Court vide judgment dated 6.10.2009 in C.W.J.C. No. 6575 of 2009 and analogous cases. Therefore, they are seeking reinstatement in service.
(3.) Petitioners claimed to have been engaged as daily rated employees under the establishment of Deputy Director, Tuberculosis, Health, Bihar, Patna. According to them pursuant to the letter No. 60(3) dated 6.10.1984 of the Joint Secretary, Health Services, Government of Bihar and letter No. 808 dated 4.4.1987 issued by the Deputy Director, Health Services, Bihar, Office of the Civil Surgeon cum Chief Medical Officer, Dumka issued letter of appointment of the petitioners as contained in letters enclosed to Annexure-1 series of different years such as 5.6.1989,10.5.1993 and 9.6.1995. They started working to the satisfaction of the superior but were asked to show cause on 10.9.1996 to appear with all certificates vide Annexure-2.. Despite giving their respective replies and stating that they have been absorbed in respective post in different centers, the impugned order dated 23.8.1998 has been issued terminating their service, Annexure-4. These petitioners have claimed that they were absorbed in regular service and are continuously representing before the respondents but no decision has been taken thereafter. Petitioners have also relied upon judgment passed by the Patna High Court in C.W.J.C No. 6575 of 2009 and other analogous cases as also the order passed in L.P.A. No. 1413 of 2010 preferred against the said judgment which was also dismissed with a direction to reinstate such persons. Therefore, they have sought reinstatement of their services upon quashing the impugned order at Annexure-4 dated 23.8.1998.;


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