PERMOD KOHLI J. - (1.) ALL these petitions, involve common questions of law and are being, disposed of by this common order.
(2.) W .P. (S) No.722 of 2004. In this case, petitioner was appointed on compassionate grounds vide order No. 588 dated 07.05.2002 being the wife of Brajajul Islam pursuant to the recommendations of the Compassionate Appointment Committee in the meeting held on 28th of February, 2002 along with two others. This was followed by another order issued by the Civil Surgeon -cum -Chief Medical Officer, Pakur under Memo. No. 722 dated 30th of May, 2002. It is alleged that petitioner joined in the month of June, 2002 and since then he is performing her duties. Petitioner is aggrieved of the order No. 1441 dated 08th of September, 2003, whereby salary of as many as 32 persons has been stopped on the ground of their appointments being fake and illegal by the Civil Surgeon -cum -Chief Medical officer, Pakur under the directions of the Deputy Commissioner, Pakur, conveyed vide letter No. 2682 dated 06th of September, 2003 till further orders of the Commissioner, Santhal Pargana Division, Block -Dumka. It is alleged that the petitioner's late husband was appointed vide letter No. 292 dated 30th of March, 1984 by the Regional Deputy Director of Health Services, Bhagalpur, who died in harness on 05th of November, 2001 leaving behind petitioner as his widow and five minor children. After the death, the family pension and gratuity of the deceased husband of the petitioner has also been sanctioned and P.P.O. No. PKR FMW 10265 and G.P.S. No. 536 (04 -05) dated 14th of September, 2004 has been issued by the Accountant General during the pendency of this writ application. In the counter affidavit filed by the Civil Surgeon -cum -Chief Medical Officer, it is stated that the Chief Secretary of the Bihar in the year 1999 directed the Divisional Commissioners of the State to probe the illegal and forged appointment made in the Health Department. The Deputy Commissioner constituted a Committee, headed by the Civil Surgeon and Additional Collector, Pakur. The Committee submitted its Report stating, therein that 32 illegal appointments were made in District Pakur. On receipt of this Report, the District Commissioner has reported the matter to the Divisional Commissioner, S.P. Division Dumka and sought further instructions and in the meanwhile, the salary of all such identified illegal appointees has been withheld. It is further stated that the Civil Surgeon -cum -Chief Medical Officer has been directed vide letter No. 467 dated 08th of March to take appropriate action. In view of the order dated 10th of February, 2004, passed by the Hon'ble High Court and during the pendency of this writ petition, petitioner was served with memo. No. 315 dated 03rd of August, 2004 along with letter contained in Memo No. 619 (5) dated 07.07.2004 addressed to the Civil Surgeon -cum -Chief Medical Officer, Pakur, whereby Civil Surgeon, Pakur was communicated that it is not justified to take work from the illegally appointed persons and in compliance of the order dated 25th of November, 2003 passed in (W.P.S) No. 5703 of 2003, Radhe Shyam Prasad Singh and all illegal appointed persons be removed and department be informed. It is stated that on the basis of this letter, petitioner handed over the charge to one Mrs. Swarn Lata Kumari and petitioner's service has been terminated on 03rd of August, 2004. Petitioner has, accordingly, challenged these two orders dated 03rd of August, 2004 and 07th of July, 2004. Petitioner has also placed on record the copy of the interim order dated 20th of February, 2003 passed in W.P. (S) No. 5703 of 2003, whereby a direction was issued by this Court that if the Respondents are taking work from the petitioner, salary shall not be stopped. The Accountant General has filed his counter, stating therein that on receipt of Pension papers and service Book from the Government, he has issued P.P.O. and G.P.O. dated 14th of September, 2004 authorizing Family pension and Gratuity. Petitioner has filed a supplementary affidavit stating, therein, that W.P. (S) No. 5703 of 2003 has been allowed by this Court vide order dated 29th of October, 2004 and Letters Patent Appeal preferred there from has also been dismissed, hence, there is no basis for issuance of the impugned orders.
(3.) IN W.P. (S) No. 723 of 2004, petitioner was engaged on daily wages on 01st of August, 1980. A decision was taken to absorb all the daily wages employees and information was sought from all concerned vide letter dated 14th of April, 1983. Vide letter dated 30th of March, 1984, petitioner was absorbed with effect from the date of the initial appointment. Formal order of appointment was also issued on 29th of November, 1984 by the In -charge Chief Medical officer, Dumka. Petitioner submitted his joining on the same day and was assigned works in Small Pox Eradication Programme. Thereafter petitioner was absorbed in Family Planning Department. It is stated that vide letter dated 02nd of March, 1990, petitioner was asked to submit the original documents for verification, which he submitted and thereafter he was transferred to Primary Health Centre at Maheshpur on 17th of July, 1991.;