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2004 DIGILAW 366 (JHR)

Surendra Prasad v. State Of Jharkhand

2004-04-06

AMARESHWAR SAHAY

body2004
ORDER Amareshwar Sahay, J. 1. Heard the parties. 2. The petitioner moved this Court earlier in C.W.J.C. No. 1386 of 1993 (R) with a simple prayer that the respondent be directed to pay the salary to him for the period he has actually worked. This Court by order dated 21.4.1993 disposed of the said writ application with a direction to the petitioner to make a representation before the Civil Surgeon-cum-Chief Medical Officer, Giridih in respect of his claim and the Civil Surgeon was directed to see that if the petitioner was found that he actually worked for any period as claimed by him then he should be paid the wages for the said period. 3. The claim of the petitioner in this writ application is that by order dated 3.4.1984 (Annexure-I) the Regional Deputy Director, Health Services, South Chotanagpur Division, Hazaribagh, on the recommendation of the Incharge Medical Officer dated 21.1.1984, he was allowed to work as "Dainik Mazdoor" on Daily Wages w.e.f. 1.2.1983. Thereafter, by issue of Annexure-2 dated 31.12.1986 Civil Surgeon-cum-Chief Medical Officer, Giridih, regularise his service to the post of Non-Medical Assistant in the scale of Rs. 680-985/-. Since thereafter the petitioner was not being paid his salary, therefore, he moved this Court in C.W.J.C. No. 1386 of 1993 (R) which was disposed of with directions as noticed above. Thereafter, the petitioner was paid his due salary, 4. The grievance of the petitioner is that he is not being allowed to perform his regular duty on the post of Non-Medical Assistant at Primary Health Centre, Gomia, though his services were regularized. It is said that without issue of any termination order he is not being allowed to work and, therefore, he has sought for a direction to the respondents to allow him to continue in service and perform his duties regularly. 5. On the other hand, the stand of the, respondents, as it appears from the counter affidavit, is that the letter as contained in Annexure-1 seems to be a forged document as by the said memo number some different letter was issued and not the letter, which has annexed as Annexure-1. It is further stated that there is no record in the department showing the petitioners appointment and, therefore, his name did not appear in the list of those employees, who were appointed in between 1.12.1985 to 31.3.1988 as contained in Annexure-B to the counter affidavit. It is further stated that there is no record in the department showing the petitioners appointment and, therefore, his name did not appear in the list of those employees, who were appointed in between 1.12.1985 to 31.3.1988 as contained in Annexure-B to the counter affidavit. It is further stated that moreover the Civil Surgeon namely, Vimal Chandra Kumar, who is said to have been issued Annexure-1 had no authority or power to make any appointment in class-Ill posts as well as in Class-IV posts as he was going to retire on 31.12.1986 itself. In support of the statement a proceeding of the meeting held on 26.7.1988 has been annexed with the counter affidavit as Annexure-C. 6. It is surprising to note that as to how the petitioner who was a mazdoor was allowed to work as Daily Wage Mazdoor by order dated 3.4.1984 (Annexure-1) with retrospective effect from 1.2.1983 and as to how by issue of Annexure-2 Dr. V.C. Kumar (Vimal Chandra Kumar) who was retiring on 31.12.1986 passed an order on that very date, i.e. 31.12.1986, appointing the petitioner on ad hoc basis on a class-Ill post in regular pay scale. Such appointment on Class-Ill post, or the face of it, is illegal. Annexure-2 itself speaks a volume against the conduct of the then Civil Surgeon-cum-Chief Medical Officer, Giridih. 7. Nothing has been stated that the petitioner was appointed after following the normal Rules for appointment. Any direction to allow the petitioner to continue in his service would amount to another illegal order, therefore, the direction, as prayed for by the petitioner, cannot be allowed. Accordingly, I find no merit in this application and is thus dismissed.