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2006 Supreme(Pat) 530

State of Bihar – Appellant
Versus
Purendra Sulan Kit – Respondent


Advocates appeared:
For the State Appellants in State Appeals: M/s. S.K. Ghosh, S.K. Sharma, Nilu Agrawal, Lal Babu Singh, Mayank Rukhaiyar, Krishna Murari.
For Respondents in Appeals and Petitioners in writs: M/s. Tara Kant Jha, Dr. S.N. Jha, Y.V. Giri, Rajendra Prasad Singh, Ganesh Pd. Singh, Banwari Sharma, Anil Kumar Sinha, Chakarapani, S.B.K. Mangalam, Shambhu Sharan Singh, Rajkishore Prasad, Anjani Kumar, Prafulla Kumar Jha.
For Appellant (in LPA No. 5080/2003): Mr. Ambar Nath Banerjee.
For Appellant (in LPA No. 81/2005): Mr. P.N. Shahi.

ORDER

This judgment and order is to govern approximately 819 Letters Patent Appeals and Writ Petitions which have been heard as analogous cases because the concerned employees in all these cases whether they are impleaded as petitioners or respondents belonged to cadre of Class III or Class IV employees under the Health Department, Government of Bihar. The services of these employees have been terminated on alleged illegalities/irregularities in their appointment.

2. On behalf of the affected employees and on behalf of the State arguments stretching over several dates have been advanced covering important issues of law such as when an appointment may be treated as illegal or when it should be termed only as irregular capable of being regularised by the State on relevant considerations.

3. According to the case of the affected employees, they have been appointed on sanctioned vacant posts, and, they are qualified persons, to hold respective posts in Class III and Class IV service in the Health Department. It is, further, contended that most of them have been regularly appointed and all of them have been paid salary, increment, and other service benefits, including, housing facility, me












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