IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.2529 of 2007 Sunil Kumar Sah, son of Asharphi Sah, resident of village Diwadi, P.S. Sadar, District Darbhanga … Petitioner Versus 1. The State Of Bihar 2. The Secretary cum Commissioner, Department of Health Govt. of Bihar, Patna 3. The Director-in-Chief, Health Services, Govt. of Bihar, Patna 4. The Regional Deputy Director, Health Services, Magadh Division, Gaya 5. The Civil Surgeon cum Chief Medical Officer, Jehanabad 6. The Incharge Medical Officer, Additional Primary Health Centre, Dharaul, District Jehanabad … Respondents ---------------------------------- 2. 4.8.2011 Having heard counsel for the parties and taking into account that the petitioner has very conveniently suppressed the fact that his services had already been terminated on 31.12.1999 by the competent authority after following the principles of natural justice and that his prayer made in this writ application to the following effect: “i. Issuance of an appropriate writ/order/ direction commanding the respondents to appoint the petitioner on the post of Male Ward Server from which the service of the petitioner has illegally been terminated only on the ground that the appointment of the petitioner was not made by the competent authority.” in effect seeks to question the order of termination of the year 1999, this Court is not inclined to entertain this application only on the ground of unexplained delay and laches on the part of the petitioner. It has to be additionally taken note of that the appointment of the petitioner was a rank illegal appointment in 2 which he was initially taken on daily wages and later on regularized his service without following the mandate of Articles 14 and 16 of the Constitution of India and the prescribed procedure laid down for direct appointment. In that view of the matter, claim of regularization of service of the petitioner under the order of the Civil Surgeon is wholly un-sustainable inasmuch as the appointment of the petitioner was/is itself void due to non- compliance of mandate of Articles 14 and 16 of the Constitution. A Division Bench of this Court in a similar case of the Health Department with regard to regularization of a Clerk appointed in a similar manner namely in the case of Vishwanath Kumar vs. the State of Bihar & ors., L.P.A.No. 51/2005, had held as follows: “ The appellant was engaged on daily wages. Thereafter, the Civil Surgeon cum Chief Medical Officer, Jehanabad, regularized his service by order dated 8.4.1993. The learned Single Judge has found that nothing was pointed out to show that the Civil Surgeon was given any power under any policy decision to take a decision for regularization of service of a daily wages employee and as such, the order of regularization of service of the appellant was void in the eye of law. We find that such illegal orders are being passed and the officers passing such orders go scot-free and the sufferers are the innocent persons and the persons who are in power are not even touched. In that view of the matter, we direct the Director- in-chief, Health Services, Bihar, Patna to find out as to who was the Civil Surgeon cum Chief Medical 3 Officer, Jehanabad, at the time when the service of the appellant was regularized and take appropriate action against him. If he has already retired then step may be taken against him under Rule 139 of the Bihar Pension Rules, but if he has not retired, then a departmental proceeding shall be initiated against him. In any view of the matter, the matter is to be concluded within nine months and an information will be sent to this Court as to the step taken against the said Civil Surgeon cum Chief Medical Officer, Jehanabad. So far as the appellant is concerned, in spite of all sympathy we are not in a position to help him for the simple reason that his regularization has been held to be void. In that view of the matter, no direction can be issued for payment of salary to the appellant for the aforementioned period.” Thus, following the ratio laid down by the Division Bench in the case of Vishwanath Kumar (supra) as also taking into account that this writ application itself suffers from the vice of gross unexplained delay and laches, it has to be held that there is no merit in this case. It is, accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/