1. Invoking the extraordinary jurisdiction of this Court under Article 226 / 227 of the Constitution of India, the writ petitioners in this batch of writ petitions called in question the order dated 16-6-2016 (Annexure P-1) by which the respective petitioners have been dismissed from service finding that their appointment is illegal and irregular and which has been challenged as unsustainable and contrary to law.

2. Essential facts necessary to decide the legality and otherwise of the impugned order states as under:-

(2.1) The Chief Medical and Health Officer, Raipur on 13-6-2012 issued an advertisement inviting applications for appointment on various posts for three districts namely, Raipur, Baloda Bazaar and Gariyaband, out of which we are concerned with only District Baloda Bazaar where the advertisement was issued for the posts of AG-3, Driver, Male Health Worker, Female Health Worker, Pharmacist Grade-II, Class-IV Employees, Ward Boy, Aaya, Ward Boy/Aaya, Washer-man, Chowkidar, Peon/Ward Boy and Sweeper, total 143 posts. Pursuant to the said advertisement, applications were received and a District Selection Committee was constituted to recommend the names of selected candidates for appointment in accordance with the Chhattisgarh Public Health and Family Welfare Department Non-Ministerial (related to the Directorate of Health Services) Class-III Service Recruitment Rules, 1989 (for short, 'the Rules of 1989'), but the District Selection Committee selected and appointed 272 candidates against 143 sanctioned and advertised posts. Thereafter, a complaint was made to the Collector, Baloda Bazaar as well as to Hon'ble the Chief Minister of the State that the entire appointment is illegal and unadvertised posts have been filed and further posts have been added after the date of advertisement and even for unadvertised posts appointments have been made and, therefore, the entire appointment deserves to be set aside.

(2.2) Preliminary enquiry was conducted by the In-charge Divisional Programme Officer and report was submitted to the Divisional Joint Director, Health Services and thereafter, on 9-10-2015 by letter No.291, the Director, Heath Services issued a direction to the Collector, Baloda Bazaar to set aside the illegal appointments and the Director by letter No.293 dated 9-10-2015 further directed the CMHO, Baloda Bazaar to set aside the illegal appointments against which W.P.(S) No.3879/2015 was filed before this Court. However, the said letter dated 9-10-2015 was withdrawn by the Director, Health Services by letter dated 17-11-2015. Pursuant to the letter No.291 dated 9-10-2015, the Collector constituted a committee consisting of Chief Executive Officer, Jila Panchayat, Baloda Bazaar; Joint Collector, Baloda Bazaar; and District Treasury Officer, Baloda Bazaar for enquiring the matter. The said committee submitted its report on 29-2-2016 holding that against the advertised posts of 143 for 13 categories, 272 posts have been filled up for 18 categories. Thereafter, show cause notice was issued by the CMHO, Baloda Bazaar to all the respective petitioners on 21-12-2015 which was replied by the respective petitioners on 5-1-2016 and considering the reply, on 16-6-2016, the order of dismissal from service has been passed. Feeling aggrieved and dissatisfied with the order of the CHMO, this batch of writ petitions have been filed.

3. Mr. Manoj Paranjpe, learned counsel appearing for the respective petitioners, leading the arguments on behalf of the petitioners would submit as under:-

(3.1) The petitioners were appointed on the respective posts after following the due procedure of law. Not only this, the petitioners' services were later-on regularised and, therefore, once they are appointed in accordance with the rules, they cannot be terminated without affording reasonable opportunity of hearing and without conducting depar