- (1.) HEARD the parties.
(2.) LEARNED counsel appearing for the petitioners submits that petitioner no. 1 had been appointed in the year 1981 on the post of Vaccinator at Sikaripara Block in the district of Dumka, whereas petitioner no. 2 was appointed on the post of Vaccinator in the year 1984 but his appointment was honorarium and both the petitioners went on serving the department for long and in that course, they were transferred to so many places but all of a sudden, in the year 2002, respondent no. 4 -Medical Officer -in -Charge, Primary Health Centre, Karon asked the petitioners to produce original appointment letters and pursuant to that, the petitioners did produce photocopy of the appointment letters and before this matter was raised by the respondent no. 4, the petitioners had also been noticed in the year 1996 to show cause as to why not their services be terminated as they had never been appointed validly. On getting notice, cause was shown by the petitioners stating every fact therein about their appointments but no order was passed. Now again the respondent no. 4Medical Officer -in -Charge, Primary Health Centre, Karon passed order asking the petitioners to produce appointment letters and when the photocopy of the appointment letters was submitted, order was passed under Memo No. 308 dated 26.8.2002 wherein the petitioners' salary was withheld till the production of the original copy of the appointment letters.
(3.) BEING aggrieved with that order, the petitioners represented the matter before the respondent nO.3 -the Civil Surgeon -cum -Chief Medical Officer, Deoghar, who after considering the case of the petitioners directed the Medical Officer -in -Charge Primary Health Centre, Karon to make payment to the petitioners as they on being promoted were getting salary, but the respondent no. 4 did not pay salary to the petitioners. On the contrary, he without holding any inquiry passed the order as contained in Annexure -6 in the light of Letter No. 1144 dated 12.8.2002 issued by Civil Surgeon -cum -Medical Officer, Deoghar holding therein that photocopy of the appointment letters produced by the petitioners appears to be forged, but such letter was never given to the petitioners nor that letter has been annexed in the counter affidavit by the respondents.;