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High Court of Patna
B.P. Singh & S.K. Chattopadhyaya, JJ.
Nand Kumar Prasad and ors. – Petitioner
Versus
The State of Bihar and Ors. – Respondent
Civil Writ Jurisdiction Case Nos. 103, 1461, 3792, 356. 445, 143, 354, 678, 126, 56, 3448, 880, 2474 of 1990 and 6830 of 1989.
Decided On : 15.10.1993
CONSTITUTIONAL LAW - APPOINTMENTS - VALIDITY - AD-HOC APPOINTMENTS - ILLEGALITY - TERMINATION - REINSTATEMENT - STAY - ENQUIRY - LEGALITY OF APPOINTMENTS - OPPORTUNITY OF HEARING - DIRECTIONS.
Fact of the Case:
The petitioners were appointed as Non-Medical Assistants by the State Leprosy Eradication Officer in June 1987. A few days later, the Secretary, Government of Bihar, issued a letter terminating all the appointments, since they were said to have been illegally made. Consequently, the Civil Surgeons, under whom the petitioners were working, stopped them from functioning against the post to which they were appointed. The petitioners represented to the State Government and ultimately the Director, Primary Health Services, by his letter dated 24-4-89 communicated to the authorities concerned that the State Government had reconsidered the matter, and had directed that 467 persons appointed by the then Leprosy Eradication Officer be absorbed in service. A list of 467 appointees was appended to the said communication dated 24-4-89. Despite the letter of the Director, Primary Health Services, the petitioners were not allowed to join, which compelled them to file the instant writ applications. Some of the writ applications also refer to a subsequent telegraphic message communicating a subsequent order dated 2-5-1989 issued by the Director-in-Chief, Health Services, staying pending further enquiry, the order dated 24-4-1989 which had directed absorption of the petitioners.
Finding of the Court:
1. The appointments made by the State Leprosy Eradication Officer were illegal and unconstitutional, as they were made on a purely ad-hoc basis, without reference to the Selection Committee constituted for the purpose, and in breach of the Articles 14 and 16 of the Constitution of India. 2. The order dated 15-6-1987 cancelling the appointments as also the order dated 24-5-1989 restraining the authorities from giving effect to the order dated 24-4-1989 must be revoked, and the persons found duly and validly appointed be permitted to join in terms of the communication dated 24-4-1989. 3. The respondents are directed to complete the enquiry and to take a final decision in the matter within a period of six months from the date on which a copy of this order is either received or produced before the Secretary-cum-Commissioner, Health Department, Government of Bihar, Patna.
Issues: 1. Whether the appointments made by the State Leprosy Eradication Officer were valid and constitutional? 2. Whether the order dated 15-6-1987 cancelling the appointments as also the order dated 24-5-1989 restraining the authorities from giving effect to the order dated 24-4-1989 were valid? 3. Whether the respondents should be directed to hold a thorough enquiry into the manner in which the State Leprosy Eradication Officer made 467 appointments?
Ratio Decidendi: 1. The appointments made by the State Leprosy Eradication Officer were illegal and unconstitutional, as they were made on a purely ad-hoc basis, without reference to the Selection Committee constituted for the purpose, and in breach of the Articles 14 and 16 of the Constitution of India. 2. The order dated 15-6-1987 cancelling the appointments as also the order dated 24-5-1989 restraining the authorities from giving effect to the order dated 24-4-1989 must be revoked, and the persons found duly and validly appointed be permitted to join in terms of the communication dated 24-4-1989. 3. The respondents are directed to complete the enquiry and to take a final decision in the matter within a period of six months from the date on which a copy of this order is either received or produced before the Secretary-cum-Commissioner, Health Department, Government of Bihar, Patna.
Final Decision: These writ applications are, therefore, disposed of with the above directions and observations. The respondents are directed to complete the enquiry and to take a final decision in the matter within a period of six months from the date on which a copy of this order is either received or produced before the Secretary-cum-Commissioner, Health Department, Government of Bihar, Patna. There will be no order as to costs.
B.P. Singh, J.
1. In this batch of writ applications the petitioners have prayed for sub-stantially same reliefs and, therefore, these writ petitions have been heard together, and are being disposed of by this common judgment. At the there should I may briefly indicate the scope of the writ petitions. The petitioners were appointed by the State Leprosy Eradication Officer of the State of Bihar in the month of June 1987 as Non-Medical Assistants, and were posted at the different Leprosy Rehabilitation Centers under different Civil Surgeons in different districts. They claim to have joined their places of posting, but the Secretary, Government of Bihar, issued a letter only a few days later on 15-6-1987 terminating all the appointments, since they were said to have been illegally made by the State Leprosy Eradication Officer. Consequently, the Civil Surgeons, under whom the petitioners were working, stopped them from functioning against the post to which they were appointed. Consequently, the petitioners did not receive the salaries and allowances due to them. They had, therefore, represented to the State Government and ultimately the Director, Primary Health Services, by his letter dated 24-4-89 communicated to the authorities concerned that the State Government had reconsidered the matter, and had directed that 467 persons appointed by the then Leprosy Eradication Officer be absorbed in service. A list of 467 appointees was appended to the said communication dated 24-4-89. Despite the letter of the Director, Primary Health Services, the petitioners were not allowed to join, which compelled them to file the instant writ applications," Some of the writ applications also refer to a subsequent telegraphic message communicating a subsequent order dated 2-5-1989 issued by the Director-in-Chief, Health Services, staying pending further enquiry, the order dated 24-4-1989 which had directed absorption of the petitioners. The petitioners have, therefore, prayed that the order terminating their appointments dated 15-6-1987 he quashed, and the order of the State Government communicated by the Director, Primary Health, Services, dated 24-4-1989 be implemented. In some of the writ applications the petitioners have also prayed for quashing of the subsequent order dated 2-5-1989, whereby the earlier order dated 24-4-1989 has been stayed, pending further enquiry.
2. Large number of writ applications were admitted by this Court on different dates, and they were directed to be heard together. It appears that when C.W.J.C. No. 103/90 was being heard at the admission stage, the learned Advocate General appearing on behalf of the respondents informed the Court that in the list of 467 persons appended to the communications dared 24-4-1989, there were about 100 new names, which had been included in the list by the Director, Primary Health Services even though those 100 persons had not been appointed at any stage, and consequently their services had never been terminated. Such names included in the list circulated by the Director, Primary Health Services, were of those persons who had managed to get their names included in connivance with the members of the staff of the Health Department. Those names did not appear in the list of 467 appointees submitted by the appointing authority, namely, the Leprosy Eradication Officer. Some of the petitioners have also contended in the writ applications that 100 new names had been wrongly included in the list appended to the communication dated 24-4-1989. However, in C.W.J.C.No.9939 of 1989 filed on behalf of Bihar Chikitsa Jan Swasth Karmachari Sangh, the petitioners have taken the stand that the list appended to the communications dated 24-4-1989 contains the list of genuine appointees, who had been appointed by the competent authority, although on ad hoc basis.
The learned Advocate General had prayed for liberty being given to State pending disposal of the writ petitions, to issue any appropriate order af
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