Patna High Court
Faiyazuddin Ahmad vs The State Of Bihar on 30 August, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17301 of 2023
======================================================
Faiyazuddin Ahmad Son of Late Shamsuddin Ahmad, Resident of Mohalla-
Agarpur, Police Station- Lalganj, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Bihar, Patna.
2. Principal Secretary, Health Department, Bihar, Patna.
3. Director, Health Service, Govt. of Bihar, Patna.
4. Regional Deputy Director, Health Services, Gaya Division, Gaya.
5. The District Magistrate, Gaya.
6. Civil Surgeon-cum-Chief Medical Officer, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidhnath Thakur
Mr. Sachin Kumar
Mr. Pramod Kumar Pd. Singh
For the Respondent/s : Mr. Amit Prakash ( Ga 13 )
Mr. Prabhakar Thakur, AC to Ex. G.A. 13
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL JUDGMENT
Date : 30-08-2025
Heard the parties.
2. This application has been filed on behalf of the
petitioner for the following reliefs:-
(i) For quashing the official order dated
01.01.2020
issued by the Civil Surgeon-cum-Chief Medical
Officer, Gaya whereby the services of the petitioner was
terminated from the post of Male Ward Attendant in the Addl.
Primary Health Center, Sewtar, Mohra, Gaya was cancelled
with immediate effect.
Furthermore, a Writ of Mandamus be issued:-
(ii) For direction to the Civil Surgeon-cum-Chief
Patna High Court CWJC No.17301 of 2023 dt.30-08-2025
Medical Officer, Gaya to reinstate the petitioner on the post of
Male Ward Attendant in the Addl. Primary Health Center,
Sewtar, Mohra, Gaya with effect from the date of termination
with all consequential benefits.
3. The brief facts of this case are that vide
Advertisement No. 01/2013 dated 31.12.2013 issued by the
Collectorate, Gaya, the Civil Surgeon-cum-Chief Medical
Officer, Gaya vide Memo No. 3597 dated 16.09.2019 appointed
the petitioner on the post of Male Ward Attendant in the
Additional Primary Health Center, Sewtar, Mohra, Gaya. In the
merit list the petitioner was at Serial No. 10 and he joined his
service on time. Thereafter, Kapil Kumar and others filed CWJC
No. 18612/2019 and other writ application/s before this Court
challenging the provisional panel on the ground that the same
was prepared without following the criteria mentioned in the
Advertisement No. 01/2013 as their claims were ignored even
though they remained engaged for more than 240 days as daily
wagers and empanelled in 2004 and 2009-10. The petitioner of
CWJC No. 18612 of 2019 and the petitioners of other writ
applications also alleged that the appointments have been made
without opportunity to the eligible candidates in the selection
process.
4. By judgment and order dated 18.12.2019 all the
Patna High Court CWJC No.17301 of 2023 dt.30-08-2025
writ applications were disposed of with direction to the
concerned respondents to ensure completion of fair selection
process.
5. Pursuant to the judgment of this Court, the
District Magistrate, Gaya terminated the services of several
persons on 24.12.2019 appointed under the Advertisement No.
01/2013 and the Civil Surgeon-cum-Chief Medical Officer,
Gaya vide Memo No. 02 dated 07.01.2020, terminated the
services of the petitioner.
6. Being aggrieved by the termination, Sunita
Kumari and others filed CWJC No. 2109/2020 before this Court
challenging the order of their termination from service on the
ground that they were not heard before passing of the order
dated 18.12.2019 but the writ application was dismissed vide
order dated 31.01.2020 with an observation that the order of
termination was passed in compliance of the order dated
18.12.2019 passed in CWJC No. 18612/2019 and it requires no
interference.
7. After dismissal of the the writ application,
Sunita Kumari and others filed LPA No. 121/2020 against order
dated 31.01.2020 which was allowed vide order dated
16.11.2022 and the orders of termination dated 24.12.2019,
Patna High Court CWJC No.17301 of 2023 dt.30-08-2025
07.01.2020 were set aside including the order dated 31.01.2020
and the respondents were given liberty to ask show-cause to the
appellants, as to why, their services be not terminated in the
light of the order dated 18.12.2019.
8. In light of the order dated 16.11.2022, the
District Magistrate, Gaya vide Memo No. 181 dated 09.02.2023
asked show-cause to the petitioner to justify the legality and
validity of his appointment and he was also asked to give his
explanation along with relevant materials. In pursuance of the
same, on 04.03.2023, the petitioner submitted an application
before the District Magistrate, Gaya regarding his reinstatement
on the post of Male Ward Attendant in the light of the order
dated 16.11.2022 passed in LPA No. 121/2020 and for paying
the arrears of salary as except the petitioner, all the appellants of
LPA No. 121/2020 have been reinstated on their respective
posts.
9. It is alleged by the petitioner that his case is also
similar to those appellants as therefore, similar treatment ought
to have been given to him which has been denied by the
respondent authorities and accordingly, the present writ
application has been filed.
10. It has been submitted by the learned counsel
Patna High Court CWJC No.17301 of 2023 dt.30-08-2025
for the petitioner that the petitioner several times approached the
Civil Surgeon-cum-Chief Medical Officer, Gaya for reinstating
him in service but only assurance has been given to him
regarding the same but the grievance of the petitioner has not
been redressed.
11. It has further been submitted by the learned
counsel for the petitioner that the respondents have
discriminated between the petitioner and the appellants of LPA
No. 121/2020 and the petitioner is still awaiting his
reinstatement and the action of the respondents arbitrary and
illegal.
12. The State has opposed the application of the
petitioner and has submitted that the appointment of the
petitioner has been cancelled in compliance of the order of this
Court as well as the entire selection process is sub-judice before
this Court in CWJC No. 2310 of 2023 in as much as the
Commissioner, Magadh Division, Gaya is reviewing the entire
selection/appointment procedure in compliance of the order
dated 29.10.2024 passed b this Court in CWJC No. 2310 of
2023 which is still pending.
13. I have heard and considered the submission of
the parties.
Patna High Court CWJC No.17301 of 2023 dt.30-08-2025
14. This Court while deciding the LPA No. 104 of
2020 has passed following directions in the case of similarly
situated persons:-
Perusal of the records, it is evident
that in all fairness appellants should have provided
an opportunity of hearing before
termination/removal of the order dated 24.12.2019,
even though District Magistrate, Gaya has
implemented order of the learned Single Judge
passed in Kapil Kumar case in CWJC No. 18612 of
2019 decided on 18.12.2019. In fact, in the case of
Kapil Kumar the appellants were necessary and
proper parties for the reason that learned Single
Judge while passing order in Kapil Kumar case
passed adverse order against the selection and
appointment of the appellants. Against the order of
the Kapil Kumar case both appellant and State
have slept over their rights. However, District
Magistrate, Gaya while passing orders of
termination/removal dated 24.12.2019 has not
given an opportunity. In the light of these facts and
circumstances orders dated 24.12.2019,
01.01.2020 and order dated 31.01.2020 passed in
CWJC No. 2109 of 2020 are set aside. Order of
termination/removal is not a detailed speaking
order in such circumstances District Magistrate,
Gaya is hereby directed to issue a fresh detailed
show-cause notice as to why the appellant services
shall not be terminated/removed in the light of
Kapil Kumar case, if such detailed show-cause
notice is issued, the appellant and others rights are
likely to be affected should submit their
explanation in detail, within a period of four weeks
from the date of receipt of notice to be issued by
the District Magistrate, Gaya. On receipt of
appellants and similarly situated persons who have
furnished their explanation to the show-cause
Patna High Court CWJC No.17301 of 2023 dt.30-08-2025
notice those explanation shall be considered in
detailed with reference to various policy decisions
in respect of filling of Group D post in district
Gaya. Each of the contention to be risen by the
appellant and others in their explanation is
required to be examined with reference to relevant
rule governing the post of Group D read with
advertisement dated 31.12.2013, select list and
order of appointments. So as to whether process of
selection and appointment to the Group D pursuant
to the advertisement dated 31.12.2013 read with
the select list and order of appointment issued to
the respective parties are in order or not? If their
selection and appointment are in order, in that
event fresh order of appointment shall be issued
while counting the past service for all service
benefits except monetary benefits during the period
from 24.12.2019 till order of appointment, if any, to
be issued in favour of the appellant and similarly
situated persons.
15. The case of the petitioner ought to have been
considered in light of the judgment of the Division Bench of this
Court but the same has not been considered.
16. In these circumstances, this application is
allowed and accordingly, the impugned order of termination
dated 7.1.2020 is hereby set aside and the respondents are
directed to act as per the directions of the Division Bench in
LPA No. 104 of 2020 which will also apply in the case of the
petitioner.
17. Since the petitioner's age may now have
Patna High Court CWJC No.17301 of 2023 dt.30-08-2025
crossed 60 and if he succeeds and the respondents find that the
termination of the petitioner is illegal then he shall be entitled to
all consequential benefits.
18. The consideration by the respondent authorities
must be done within four weeks from the date of
communication of a copy of this order.
19. With the aforesaid observations and directions,
this application stands allowed.
20. Any pending I.A., shall also be treated to be
disposed of.
(Sandeep Kumar, J)
Vikas/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 2.9.2025
Transmission Date NA
