NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioners have prayed for quashing the order dated 29th January, 2003 (Annexure -11) passed by the respondents and also for quashing the termination order issued by the Superintendent, Patliputra Medical College Hospital, Dhanbad (Annexure -9). The petitioners have further prayed for a direction on the respondents to reinstate them to their original post with full back wages and all consequential benefits.
(2.) SHORT facts of the case are that the petitioners were initially engaged as daily rated employees on Class IV post. They continued to hold the post for a long time. By office order dated 16th May, 1998, the petitioners were engaged as Ward -boy against vacant sanctioned regular posts of Patliputra Medical College Hospital, Dhanbad (for short PMCH, Dhanbad). Petitioner No. 1 was engaged on 18th July, 1989 on daily wage basis. Petitioner No. 2 on 18th August, 1989 and petitioner No. 3 on 15th March, 1986 were also similarly engaged. They continued as such for several years. By Letter dated 2nd September, 1999, the Principal, PMCH, Dhanbad intimated the Secretary, Health, Medical, Education and Family welfare about the said engagement and continuity of the petitioners since 1986. He also requested for sanction of fund of Rs. 1,22,572/ - for payment of their wages. Before that in the year 1998, the Superintendent, PMCH, Dhanbad by letter dated 11th March, 1998 (Annexure -3) had requested the Principal, PMCH, Dhanbad to send the names and particulars of daily rated 4th grade employees for consideration of their regular appointment against sanctioned vacant posts. The Principal sent the details of daily rated employees, which also included the petitioners (vide his letter dated 20th March, 1998). By letter dated 30th April, 1998(Annexure -4), the respondent No. 4 directed the petitioners to appear with original certificates for interview in his office on 12th May, 1998. By office order dated 3rd April, 1998 (Annexure -4/A), a Selection Committee/Appointment Committee was constituted, consisting of 11 members; for selecting the candidates for appointment out of daily rated employees, working against sanctioned vacant posts. The petitioners appeared in the interview. They were selected. Thereafter, they were appointed of regular scale of pay of Rs. 775 -12 -955 -14 -1025/ - against sanctioned vacant posts by office order dated 16th May, 1998 (Annexure -5) issued under the signature of the Superintendent, PMCH, Dhanbad.
(3.) THE petitioners were then medically examined, as required for regular appointment. After getting fitness certificate, all the petitioners submitted their joining on 18th May, 1998 as Ward -boy (Annexure -6). The petitioners since thereafter had been performing their duties regularly. However, they were not paid their salary. They filed several representations for payment of salary. Their claim for salary was nol disposed of. On the contrary, a show cause notice was issued to them asking as to why their services be not terminated. It was, inter alia, mentioned in the show cause notice that by office order dated 16th May, 1998 the petitioners were appointed as Ward -boy against vacant posts subject to approval of the Health Commissioner, but the Health Commissioner declined to approve their appointments and had directed to terminate the services of the petitioners. The petitioners filed reply to the said show cause notice. It has been stated that the termination has not been sought on that basis, rather the matter for approval is still pending. The petitioners requested the respondents to allow them to continue on their posts and to pay their salary for the work/duty discharged by them.;