The court ruled that claims for employment adjustment must be timely and supported by sufficient evidence, particularly when initial appointments are disputed.

JUDGMENT :

Rajesh Shankar, J.

1. The present writ petition has been filed for issuance of direction upon the respondents particularly respondent no.5 to adjust the petitioner on the post of Clerk in view of the order dated 06.08.2019 passed by this Court in W.P. (S) No.3305/2008 earlier preferred by the petitioner and to allow him to join the said post at suitable place. Further prayer has been made for issuance of direction upon the respondents to pay all monetary benefits of the said post to the petitioner.

2. Learned counsel for the petitioner submits that the petitioner was appointed on the post of clerk vide order as contained in memo no.1138 dated 30.08.1978 issued by the In-charge, Medical Officer, District Family Planning Bureau, Munger and he joined at Primary Health Centre, Rani Shakarpura, District- Khagaria. Subsequently, he was transferred to the office of the Civil Surgeon-cum-Chief Medical Officer, Sahibganj-the respondent no.5, by the order as contained in letter no.699 dated 02.09.1989 issued by the Regional Deputy Director, Health Services, Bhagalpur Division, Bhagalpur where he joined on 07.11.1989, but he was not posted at any place. Aggrieved thereby and for release of salary, the petitioner preferred a writ petition being CWJC No.5152/1991, which was disposed of vide order dated 16.12.1991 directing the concerned authorities to pay the arrears of salary till December, 1989 and to take appropriate action within a period of two months in accordance with law by complying the principles of natural justice, if they were of the view that the original appointment of the petitioner was irregular. The petitioner filed representation with all the relevant documents such as appointment letter, transfer letter, relieving letter as well as the order passed by the Patna High Court, however, no action was taken.

3. The petitioner thereafter filed another writ petition being W.P. (S) No.3305 of 2008 before this Court, which was disposed of by a co-ordinate Bench of this Court vide order dated 06.08.2019 directing the respondent no.1 of the said case i.e. Secretary, Department of Health, Government of Jharkhand to consider the case of the petitioner after providing him an opportunity of hearing and to pass reasoned/speaking order in accordance with law within a period of eight weeks from the date of receipt/production of copy of the said order.

4. It is also submitted that the Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand vide letter dated 05.09.2019 requested the Director In-Chief (Health Services), Jharkhand to pass an order in accordance with law, however, no action was taken by the said authority. The petitioner is the victim of circumstances and he has been deprived of the posting for such a long period even after repeated directions issued by the High Court of Judicature at Patna as well as this Court and the request of the Deputy Secretary, Health, Medical Education and Family Welfare, Government of Jharkhand made to the Director In-Chief, Health Services, Jharkhand.

5. On the contrary, learned counsel for the respondents submits that the Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand has already passed a reasoned order vide memo no.294 dated 11.11.2019 after hearing the petitioner whereby his claim has been rejected stating inter alia that the petitioner had neither worked in any office nor had been paid salary from anywhere. It is further submitted that the petitioner has not challenged the reasoned order as contained in memo no. 294 dated 11.11.2019 and as such the present writ petition is not maintainable and is liable to be dismissed. Moreover, several forged appointments were made in the Health Department of erstwhile State of Bihar. Under the said situation, the then Health Commissioner, Government of Bihar had issued memo no. 696 (22) dated 19.06.1996 to take action against the persons who were appointed on the