Permod Kohli, J. - (1.) In view of the common question of law and common basis for termination of the services of the petitioners, these writ petitions are being disposed of by this common order.
(2.) WP(S) No. 1881 of 2005. - Petitioner in this case was registered with the District Employment Exchange, Sahibganj. His name was recommended vide letter No. 630 dated 3rd October, 1986 to the Civil Surgeon-cum-Chief Medical Officer, Sahibganj for appointment. An interview letter No. 595 dated 28th November, 1986 was issued to the petitioner asking him to appear for interview on 8th of December, 1986. Petitioner appeared before the Selection Committee comprising of the Civil Surgeon-cum-Chief Medical Officer, Sahibganj as Chairman and two members Lei, the District Welfare Officer and the Additional Chief Medical Officer, Sahibganj. The Committee selected him in the Selection Committee meeting held on 8.12.1986. On being selected, he was appointed as Statistical Investigator (Snakhyaki Anveshak) vide letter No. 703 dated 22nd December, 1986 issued by the Civil Surgeon-cum-Chief Medical Officer, Sahibganj in the pay-scale of Rs. 785-1210/-. Petitioner joined his service on 29th of December, 1986 on the said post in the office of the Additional Chief Medical Officer, Sahibganj. He also passed the Hindi Noting Examination on 20th of December, 1987. Vide Memo No. 1295 dated 13th July, 1988, he was appointed to the post of Clerk in the pay-scale of Rs. 580-860/- in the office of the Additional Chief Medical Officer, Sahibganj against the vacant post of Cashier. Petitioner also passed the Accounts Examination in the year 1990. Vide Memo No. 1521 dated 24th of August, 1996, service of the petitioner was confirmed on the post of Clerk with effect from 13.7.1991. It was in the year 2003, salary of the petitioner was stopped vide Memo No. 1441 dated 8.9.2003. Aggrieved of the action, petitioner preferred writ application No. WP(S) No. 725 of 2004. This petition was disposed of vide order dated 11.2.2004 directing the respondents to make the payments of the salary, if petitioner has been working. While the petitioner was performing his duties, his service has been terminated vide Memo No. 1135 dated 4th August, 2004 by the respondent No. 2 on the ground that his appointment is illegal and this order has been passed pursuant to the order of the Joint Secretary, Department of Health and Family Welfare, Government of Jharkhand, Ranchi Order No. 6/9 (5) dated 7.7.2004.It is further mentioned that petitioner's appointment has been found forged and illegal as per the list contained in Memo No. 1441 dated 8th of September, 2003. He has assailed the order of termination.
(3.) WP(S) No. 5569 of 2004.- Petitioner in this case was appointed as Vaccinator vide order dated 11.6.1981 issued under Memo No. 2589 by the Civil Surgeon-cum-Chief Medical Officer, Santhal Pargana, Dumka in the pay-scale of Rs. 375-480/- Vide order issued under Memo No. 224 dated 21st of March, 1984 passed by the Regional Deputy Director, Health Services, Bhagalpur Division, petitioner was absorbed on vacant post of Basic Health Worker with effect from the date of his original appointment. He was later promoted to the post of Non-Medical Assistant vide Memo No. 212 dated 10.1.1986 by the Civil Surgeon-cum-Chief Medical Officer, Dumka in the pay-scale of Rs. 680-960/-. Petitioner also passed Hindi Noting and Drafting examination. Petitioner was deputed for training in the Leprosy Training Centre under the Grade 1 in the year 1986. His name appears at Serial No. 977 in the list of Deputy Director, Health Services (Pra.), Bihar, Patna dated 2nd of December, 1993, Petitioner also earned First Time Bound Promotion vide Order as contained in Memo No. 35 dated 14th of August, 1996 issued by the Civil Surgeon-cum-Chief Medical Officer, Sahebganj. Petitioner was confirmed. on the post of Basic Health Worker vide Memo No. 1505 dated 23rd of August, 1996. Petitioner's time bound promotion also came to be confirmed vide Memo No. 596 dated 25th of July, 1998. Vide letter dated 3rd of September, 1998 petitioner was asked to submit his letter of appointment, letter of transfer and the letter of relieving for verification, so that the salary be released. It is alleged that he submitted all the documents and the Medical Officer, In-charge, Leprosy, Hiranpur, Pakur issued Certificate dated 22nd of September, 1998 that petitioner's papers have been examined and found correct. Petitioner was asked to submit show-cause in relation to the legality of the appointment vide Memo No. 813 dated 18th of July, 2001 by the Civil Surgeon-cum-Chief Medical Officer, Pakur. Petitioner submitted his reply on 23rd of July, 2001 giving all the details. Petitioner was again asked vide letter dated 13th of August, 2001 to present along with the papers before the Additional Collector, Pakur. Petitioner submitted his reply dated 23rd of August, 2001 submitting all the documents as claimed.;