D.K.SINHA, M.Y.Eqbal, JJ. - (1.) BOTH the appeals under Section 10 of the Letters Patent have arisen out of common order passed by the learned Single Judge in W.P.(S) No. 2850 of 2003, whereby and where -under, the writ petition of the petitioners/appellants (L.PA No. 96 of 2008) was disposed of with the direction to the respondents (appellants in L.P.A. No.124 of 2008) to consider the claims of the Writ petitioners for their regular appointment If any such vacancy existed at that time or towards future vacancy. In W.P.(S) No. 2850 of 2003 the appellants of the L.P.A. No. 96 of 2008 were the petitioners whereas the appellants herein of L.P.A. NO.124 of 2008 were the respondents therein.
(2.) THE case of the writ petitioners was that they were initially engaged in the Patliputra Medical College Hospital, Dhanbad as daily rated employees on Class -IV posts. They continued to hold such engagement for a long time. It was stated inter alia that petitioner NO.1 was engaged on 18th July, 1989, petitioner NO.2 on 18th August, 1989 and petitioner no. 3 on 15th March, 1986. The Superintendent, PMCH, Dhanbad by letter dated 11th March, 1998 had requested the Principal, PMCH, Dhanbad to send the names and particulars of daily rated employees of Grade IV for consideration of their regular appointment against sanctioned vacant posts and pursuant to that, the Principal, PMCH, Dhanbad sent the details of daily rated employees including the petitioners. By letter dated 30th April, 1998, the petitioners were called upon to appear with their original certificates for their interview on 12th May, 1998 before the Selection / Appointment Committee duly constituted on 3rd April, 1998 in this regard, consisting of 11 members, for selection of the candidates from the daily rated employees, against the sanctioned vacant posts. Petitioners appeared, got selected and were appointed at regular scale of pay of Rs. 775 -12 -955 -14 -1025/ - against sanctioned vacant posts by office order dated 16th May, 1998 under the signature of the Superintendent, PMCH, Dhanbad. They joined their assigned post on 18th May, 1998 as Ward Boys. Though they were performing their duties regularly but they were not being paid their salary in spite of their representation. Pursuant to that, the Principal, PMCH, Dhanbad intimated the Secretary, Health, Medical, Education and Family Welfare by his letter dated 2nd September, 1999 about the regularization of the appellants in view of their engagement since 1986 and by the said letter, it was requested for allocation of fund of Rs. 1,22,572/ - for payment of their wages. But the petitioners were called upon to show -cause as to why their services be not terminated as their reappointment/regularization was subject to approval of the Health Commissioner and the Health Commissioner declined to approve their appointments and directed to terminate them. In their causes shown, they requested not to terminate them from service and allow them to continue on the same posts and to pay their salaries for the work performed by them. The writ petitioners stated that without consideration on the representation and causes shown by them, they were terminated by the impugned order dated 12th January, 2000.
(3.) AGAINST the said order, petitioners preferred C.W.J.C. No. 754 of 2000 Which was finally heard and disposed of on 19th June, 2002 by directing the respondents to release the arrears of pay to the petitioners with interest @ 10% per annum and further direction to take a decision on the representation of the petitioners .for their reinstatement When such direction could not be complied, they preferred Contempt Case (C) No. 798 of 2002 and their arrears of salary were paid to them during pendency of the contempt petition. Yet, the respondents passed the final order upholding their termination and rejecting the representation of the writ petitioners by order dated 29th January, 2003.;