Citation : 2022 Latest Caselaw 3428 Jhar
Judgement Date : 29 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6323 of 2014
1. Uday Prakash Verma, S/o Badri nath Verma
2. Gopal Kumar, S/o Dwarika Singh
3. Vinay Kumar Gupta, S/o Mahavir Sao
4. Ambika Prasad, S/o Dilkeshwar Prasad
5. Arjun Kumar, S/o Dwarika Singh
6. Rajiv Kumar, S/o Rambriksh Singh
7. Vijay Kumar Singh, S/o Shankar Sharan Singh
8. Sambhu lal Choudhary, S/o Suraj Choudhary
9. Birendra Singh, S/o Ram Das Singh
10. Manoj Kumar, S/o Bageshwari Prasad
11. Manoj Kumar Singh, S/o Satyanand Singh
12. Ranjit Kumar, S/o Raj Nandan Singh
13. Sanjay Kumar, S/o Sita Ram Prasad
14. Kaushal Kumar, S/o Rameshwar Prasad
15. Mithilesh Kumar, S/o Ram Lakhan Singh
16. Yashwant Kumar Yadav, S/o Jagdish Mahato
17. Pramod Kumar, S/o Nageshwar Prasad Singh
18. Binod Choudhary, S/o Bhola Choudhary
19. Subhash Oraon, S/o Late Bishu Oraon
20. Mithilesh Kumar Singh, S/o Bikram Singh
21. Sanjiv Kumar, S/o Satyagrah Sharma
22. Harendra Kumar, S/o Gorelal Yadav
23. Md. Moiujuddin Khan, S/o Md. Moniruddin Khan
24. Jitendra Kumar Mishra, S/o Hardeo Mishra
25. Rakesh Kumar, S/o Dinesh Kumar Singh
26. Vishwanath Prasad, S/o Kamta Prasad
27. Binod Kumar Pandey, S/o Jagdamba Pandey
28. Sweta Kumari, D/o Raj Kumar Choudhary
29. Ram Narayan Prasad, S/o Baleshwar Prasad
30. Soni Kumari, D/o Hardeo Mishra ... ... Petitioners
Versus
1. The State of Jharkhand
2. The Secretary, Department of Health, Government of Jharkhand, Nepal
House, Doranda, Ranchi
3. The Director-in-Chief, Health Services, Government of Jharkhand,
Doranda, Ranchi
4. The Civil Surgeon-Cum-Chief medical Officer, Dumka, District Dumka
5. The Medical Officer, Primary Health Centre, Teen Pahar, District
Dumka
6. The Medical Officer, Primary Health Centre, Masatjor, District Dumka
7. The Medical Officer, Primary Health Centre, Barhet, District Dumka
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Sushawan Bhowmik, Advocate For the Respondents : Ms. Priyanka Bobby, A.C. to Sr. S.C. I
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06/29.08.2022 The learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs:-
"For issuance of direction in the nature of certiorari for quashing the 22/Vidhi-8-132/93 1234(22) dated 23.08.1998 issued by the Director in
chief, Health Services, Bihar, Patna whereby and whereunder the petitioners were terminated from the services, as the similarly situated persons whose services were also terminated on the same ground have been quashed by the Hon'ble Patna High Court vide order dated 06.10.2009 passed in CWJC No. 6575 of 2009 with analogous cases and directed the respondent to reinstate them with effect from the date of their termination with all consequential benefit.
For issuance of direction upon the respondents to dispose of the representation of the petitioners pending before the respondents."
3. The learned counsel for the petitioner has fairly submitted that similar matter has been dismissed by this court vide order dated 18.07.2022 passed in W.P. (S) No. 964 of 2013 and other analogous cases. He submits that the present case is squarely covered by the said order.
4. The learned counsel for the respondents submits that the present case is a case of illegal appointment in the Health Department and this issue is squarely covered by the aforesaid order dated 18.07.2022 passed in W.P. (S) No. 964 of 2013 in which reference has been made to the earlier judgments passed by this court in W.P. (S) No. 4806 of 2013, disposed of on 15.09.2014 and also in W.P. (S) No. 7427 of 2016 decided on 23.02.2022. The order dated 18.07.2022 passed in the aforesaid cases has been placed on record. The learned counsel for the respondents also does not dispute that the case of the petitioners is squarely covered by the aforesaid judgement.
5. Considering the aforesaid submission that the matter relates to illegal appointment in the Health Department on account of which the services of the petitioners have been terminated and as submitted by the learned counsel for the parties, this court is of the considered view that the case of the petitioners is squarely covered by the aforesaid judgment including the order dated 18.07.2022 passed in W.P. (S) No. 964 of 2013. The petitioner is not entitled to any relief as prayed for in the writ petition. Accordingly, this writ petition is dismissed.
6. Pending I.A., if any, is closed.
(Anubha Rawat Choudhary, J.) Binit
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