PERMOD KOHLI, J. - (1.) AGGRIEVED by their termination vide Order No. 91 (8) dated 14th May, 2003 and consequential Memo No. 99 dated 25th June, 2003, Petitioners have filed these writ Petitions, challenging the same and have also prayed for various consequential reliefs, including salary for the period indicated in the writ petitions.
(2.) THE grounds of termination, indicated in the impugned order dated 14th May, 2003, are: (a) No advertisement for appointment was published; (b) Names were not obtained from local Employment Exchange on the basis of qualifications fixed in the advertisement; (c) Selection Committee was not constituted by competent authority; (d) No roster clearance was done by the competent authority; (e) No reservation policy was followed after point wise roster clearance; and (f) The circular issued for appointment was not followed. Amit Ambar Kachhap Versus Union Of India While disputing all the grounds, it is urged on behalf of the Petitioners that their appointments were made in accordance with law and the grounds shown for terminating the services of the Petitioners do not exist. It is useful to notice certain important and relevant facts on the basis of the pleadings of the parties. The then State of Bihar vide its Circular No. 432 dated 4th July, 1983 notified the procedure for appointment in Class -Ill and Class -IV posts in Ayurvedic, Homeopathic and other institutions in the State. In terms of the aforesaid Circular, Class -Ill and Class -IV posts were required to be filled up district -wise through Employment Exchange by making requisition to the concerned Employment Exchange, asking for list of eligible candidates. On receipt of list, a Selection Board was required to be constituted and after fixing the norms, selection was to be made on the basis of interview by observing roster system. It is the case of the Petitioners that they were duly registered with the Employment Exchange, Dumka. The District Indigenous Officer, Dumka, sent requisition to the Employment Exchange, Dumka for forwarding the names of eligible candidates vide his Letter No. 63 dated 30th April, i 986. In response to the said letter, the Deputy Director of Employment Exchange, Dumka, vide his Letter No. 715 dated 20th May, 1986 forwarded the names of as many as 14 persons with their particulars to the District Indigenous Officer. W.P.(S)No.4332 of 2003: Amongst 14 persons the name of the Petitioner in this Writ Petition was at Serial No. 3 of the list. The District Indigenous Officer aiso sent requisition to the District Employment Exchange Offices at Sahibganj, Deoghar, Gooda, Lalmatia and other districts of Santhal Parganas. Petitioner's name was forwarded by the Employment Exchange. He was asked to appear for interview on 16th June, 1986 vide Letter No. 99 dated 10th June, 1986, issued by the District Indigenous Officer, Dumka. It is stated that the Petitioner participated in the interview, which was scheduled to be conducted on 16th June, 1986 and postponed to 20th June, 1986. The Selection Committee after interviewing the eligible candidates prepared a merit list and also applied the reservation roster. Petitioner's name figured at Serial Nos. 1 of the merit list against the Extremely Backward Class. On the basis of the recommendation of the Selection Committee, the District Indigenous Officer appointed the Petitioner and other candidates vide Memo No. 106 dated 21st June, 1986.Thereafter, the Petitioner was posted at Gopikandar, Futolvona, Dumka. Pursuant thereto, Petitioner submitted his joining report in the office of District Indigenous Officer, Dumka on 30th June, 1986. Vide Memo No. 118 dated 30th June, 1986 Petitioner was asked to join on the post of Mishrak. Subsequently, vide Memo No. 12 dated 13th January, 1987 he was transferred to State Ayurvedic Aushdhalaya, Taljhari, Sahibganj. However, Petitioner's joining at the transferred place was not accepted and he was sent back to Gopikandar, Dumka. In the year, 1996 Petitioner was granted time bound promotion in the pay scale of Rs. 1200 -1800 with effect from 28th June, 1996 vide Memo No. 49 dated 27th July, 1996. W.P. (S) No. 4391 of 2003: In this writ petition, amongst 14 persons the name of the Petitioner was at Serial No. 5 of the list, forwarded by the Employment Exchange. He was asked to appear for interview on 16th June, 1986 vide Letter No. 99 dated 10th June, 1986, issued by the District Indigenous Officer, Dumka. It is stated that the Petitioner participated in the interview, which was scheduled to be conducted on 16th June, 1986 and postponed to 20th June, 1986.The Selection Committee - after interviewing the eligible candidates -prepared a merit list and also applied the reservation roster. Petitioner's name figured at Serial No. 3 of the merit list against the Extremely Backward Class. On the basis of the recommendation of the Selection Committee, the District Indigenous Officer appointed the Petitioner and other candidates vide Memo No. 105 dated 21st June, 1986. Thereafter, the Petitioner was posted at Government Homeopathic Hospital, Littipara, in the district of Sahibganj. Pursuant thereto, Petitioner submitted his joining report in the office of District Indigenous Officer, Dumka on 23rd June, 1986. Vide Memo No. 114 dated 23rd June, 1986 Petitioner was asked to join on the post. Subsequently, vide Memo No. 39 dated 6th March, 1987 he was transferred to Rajkiya Homeopathic Aushdhalaya at Chainpur. However, Petitioner's joining at the transferred place was not accepted and he was sent back to Gamharia Rajkiya Homeopathic Aushdhalaya. In the year 1996 Petitioner was granted time -bound promotion in the pay scale of Rs. 1200 -1800 with effect from 23rd June, 1996 vide Memo No. 4 dated 27th July, 1996. Amit Ambar Kachhap Versus Union Of India
(3.) AFTER re -organization of the then State of Bihar, District Indigenous Officer vide Letter No. 111 dated 27th August, 2001 requested the Secretary, Health and Family Welfare Department, to make enquiry regarding the appointment of the Petitioners and other appointees. A report was asked from the District Indigenous Officer who had issued the appointment letters. One Buddhdeo Sharma, who had appointed the Petitioners and retired, submitted a report to the District Indigenous Officer, Dumka, who reported that the Selection Committee was made in accordance with Circular No. 432 dated 4th July, 1983 and the record is with the concerned office. However, some records were forwarded.;