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2011 Supreme(Pat) 1227

BIRENDRA PRASAD VERMA, R.M.DOSHIT
Sunaina Devi Wife Of Nemu Mallik, – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. (Per: Honble the Chief Justice) (Order Dt. 30.8.2011) This appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 11th April, 2011 made by the learned Single Judge in above CWJC No. 13550 of 2010.

2. The matter at issue is whether the appellant, by virtue of her appointment as a sweeper made by the Civil Surgeon-cum-Chief Medical Officer, Vaishaii on 20th April, 1987, has a right to continue in service and whether the termination of her service by order dated 28th February, 2003 on account of her appointment being illegai is sustainable or not.

3. Under order dated 20th February, 1987 made by the Civil Surgeon-cum-Chief Medical Officer, Vaishaii, the petitioner was appointed as a sweeper in the pay scale of Rs. 350-425 with admissible allowances and was posted at Primary Health Centre, Sahdei Bujurg. The said appointment was made pursuant to the application made by the appellant on 25th November, 1982.

4. It appears that at the relevant time several such appointments were made by the Civil Surgeon. All such appointments were under scrutiny by the State Government. To facilitate such enquiry under order dated 8th February


















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