S.B. Sinha & S.K. Singh, JJ.

All these writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. Some of these cases were directed to be listed after disposal of C.W.J.C. No. 6904 of 1993 and other analogous cases which were heard by a Division Bench. It was stated at the Bar that the Judgment in the aforementioned cases was reserved in July, 1993, but the said judgment has not beep delivered, as one of the Hon'ble Judges, who had heard the matters, has since been transferred. Perhaps in this situation, the office has listed these cases for ad mission. On 3.5.1994, all the cases in case of which judgment had been reserved were also listed.

3. Facts leading to these cases are short and simple. One Dr. A.A. Mullick, Deputy Director, Tuberculosis allegedly made appointments of the petitioners purported to be on the basis of the directive issued by the State of Bihar to regularise their services who were allegedly appointed on daily wages.

The said appointments had been made:-

(i) by way of adjustment of daily waged workers,

(ii) by way of transfer to the office of Civil Surgeons-cum-Chief Medical Officers, who were to appoint them upon verifying their credentials and qualifications;

(iii) appointments made after publication of advertisement and

(iv) appointments on compassionate grounds.

4. According to the petitioners by reason of various letters issued by the State of Bihar from time to time, and purported to be in terms of 20 point programme as also the directive issued by the State of Bihar 125 posts per year of Tuberculosis Assistants and 125 posts per year of Tuberculosis Attendants were created for a period of five years, i.e., 625 for Tuberculosis Assistants and 625 for Tuberculosis Attendants. The said letters are said to be of dates 24.7.1984 and 17.10.1984 whereby regularisation of services were directed. It is stated that 125 posts were also allegedly created for primary health centres in terms of letter dated 12.2.1987.

5. In almost all these cases the offer of appointment was issued on ad hoc basis and till further orders. The appointments were purely temporary in nature and were liable to be terminated without any previous notice. The concerned employees were directed to join their posts in the office of the Civil Surgeons-cum-Chief Medical Officers in different Districts and pursuant to the said orders the respective Civil Surgeons-cum-Chief Medical Officers had allegedly adjusted them against some posts. However, salary was not paid to the writ petitioners and various writ applications were filed in this Court and by different orders either by concession or otherwise salary was directed to be paid in some of the cases. However, in none of the said matters, the legality or validity of such appointments was considered. However, in C.W.J.C. No. 857/92 and various other writ applications as also C.W.J.C. No. 565/90, 1277/92 and various other analogous cases which are contained in Annexures B, C and D to the counter affidavit and in C.W.J.C. No. 532/93 a different Division Bench of this Court directed that a thorough enquiry be made in relation to such appointments as it was contended that the said appointments were illegal.

6. Learned counsel for the State stated that a comprehensive counter affidavit was filed in C.W.J.C. No. 532/93 (Sarbjit Mishra and others) which case was also heard by the other Bench and he has supplied to us two plain copies of the said counter affidavit which have been kept on the records and with the consent of the parties is being treated to be the counter affidavit filed in these cases also. It is also stated that copies of the said counter affidavits• have also been served on the learned counsel of the petitioners.

7. In C.W.J.C. No. 857 of 1992 and other analogous cases (Annexure B) this Court upon noticing the statements of the learned counsel for the State that contrivances had been adopted by Dr. Mu