JUDGMENT

S.ABDUL NAZEER, J.

1. Some of the appeals out of the aforesaid group of matters have been filed by the State of Bihar challenging the order of the High Court of Judicature at Patna, whereby the Division Bench has confirmed the order of the learned Single Judge directing reinstatement of the writ petitioners therein on their respective posts with all consequential benefits in terms of the order dated 6.10.2009 in CWJC No. 6575 of 2009 and analogous cases. In CWJC No. 6575 of 2009 and other connected matters, learned Single Judge while allowing writ petitions has directed reinstatement of the writ petitioners therein from the date of their termination on the post, they were working with all consequential benefits. The Letter Patent Appeals filed by the State of Bihar challenging the said order have been dismissed by the Division Bench of the High Court holding that the writ petitioners have been working continuously for more than ten years without protection of any interim orders of the Court and Tribunal. It was further held that in view of the Constitution Bench judgment of this Court in Secretary, State of Karnataka and others v. Umadevi (3) and others, 2006 (4) SCC 1 and in State of Karnataka and others v. M.L. Kesari and others, 2010 (9) SCC 247, the termination order issued against the writ petitioners cannot be said to be legal. Accordingly, LPAs have been dismissed. These orders have also been challenged by the State of Bihar in this group of appeals.

2. In the other connected matters, the Division Bench of the Patna High Court has allowed the LPAs and the writ petitions filed by the petitioners therein have been dismissed holding their appointment as non est and void ab initio.

3. Since a common issue has been raised in all these appeals, they are disposed of by this common judgment.

4. The facts of the cases in brief are as under:

5. The writ petitioners had joined the service of State of Bihar under the orders made by the concerned Civil Surgeon-cum-Chief Medical Officer of the district. None of the writ petitioners was appointed through a proper legal recruitment process. They were posted in Class III or Class IV service in a primary health centre within the jurisdiction of the civil surgeon. The State Government having realised the large scale irregularities committed in the appointment by the concerned Civil Surgeon-cum-Chief Medical Officer, scrutinized all the appointments. The State Government having found that large number of appointments were made on the basis of false or forged documents, without following due process of recruitment and mostly without the appointment orders, cancelled such appointments and the concerned incumbents were discharged from service. Those orders of discharge were challenged before the Patna High Court. The High Court by a common judgment and order set aside the impugned orders of discharge from service solely on the ground of violation of the principles of natural justice. All the writ petitioners were directed to be reinstated in service without the salary or remuneration for the interregnum period.

6. Thereafter, the State Government initiated proceedings to terminate the services of such employees by issuing show cause notice and calling upon each of them to establish legality of their respective appointment. The writ petitioners failed to establish the legality of their appointment. Once again their services were terminated. Feeling aggrieved, the writ petitioners challenged the said orders before the High Court, which eventually reached the Division Bench in Letter Patent Appeals. The Division Bench noticed that the writ petitioners were appointed in Class III or Class IV service and were serving as such for a long time. They had claimed the benefit of regularisation in service. In view of the judgment of this Court in Umadevi (supra), the Division Bench in State of Bihar v. Purendra Sulan Kit, reported in 2006 (3) PLJR 386, directed the State Government to find out w