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2010 Supreme(SC) 419

J.M.PANCHAL, T.S.THAKUR
Md. Ashif – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

T.S. Thakur, J. —

1.Leave granted.

2.These appeals by special leave arise out of an order passed by a Division Bench of the High Court of Patna whereby Letters Patent Appeal Nos.33 and 540 of 2002 have been allowed, the order passed by the learned Single Judge set aside and Writ Petitions No.11701 and 9024 of 2001 dismissed.

3.The appellants in these appeals were in June 1985 appointed as Voluntary Health Workers in State run dispensaries within the district of Darbhanga in the State of Bihar. In lieu of their services they were paid a monthly honorarium of Rs.50/- only. Less than five months after their initial appointment they were absorbed as Primary ealth Workers by the Chief Medical Officer which carried a pay scale of Rs.535-765. It is not in dispute that the appellants continued to work for nearly 15 years as Primary Health Workers, till their services were terminated by an order dated 20th February, 2001 on the ground that their promotion/absorption as Primary Health Workers was illegal and contrary to the rules. The termination, it appears, came pursuant to an enquiry regarding procedure followed in the making of the appointments to class III posts. The enquiry revea














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