IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15130 of 2008 KEDAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 11.11.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has prayed for quashing the order contained in letter No. 944 dated 09.08.2008 and also to quash the consequential order as contained in Memo No. 05 dated 14.08.2008 whereby he has been terminated from the post of Male Ward Attendant which is a Class-IV post in the department of Health. Further prayer is for quashing the letter contained in Memo No, 148 dated 12.07.2008 issued by the Regional Deputy Director, Health Services, Munger Division, Munger. Petitioner’s grievance is that he was appointed as a field worker on 27.01.1983 by the Assistant Director, Health Services, (Fileria Control), Health Department, Government of Bihar. Initially, it was for three months which was extended time to time and petitioner continued on the post. The appointment of the petitioner has been made against the sanctioned post. Subsequently, he was regularized against the post and was given time bound promotion. He was confirmed against the post. His service book was opened and all benefits which were given to the regularly appointed government servants were given to the petitioner. For the first time, in the year, 2003, a show-cause notice was issued to the petitioner 2 questioning the legality of his appointment. The petitioner submitted his show cause but by order contained in Memo No. 560 dated 10.05.2003, he was terminated. The termination order was challenged by filing C.W.J.C. No. 5665 of 2003. The order of termination was stayed and the petitioner continued on the post. And, ultimately, the writ application was allowed by order dated 08.09.2003. The government filed L.P.A. No. 1076 of 2003 which was heard analogous with L.P.A. No. 946/03. The order passed in the writ application quashing the termination of the petitioner, was not quashed. As per direction of the L.P.A. court, an inquiry was conducted and without issuing any show cause notice to the petitioner, he has been terminated from the service. Several writ applications were filed by Class-III & Class –IV employees of the health department which were heard analogous with C.W.J.C. No. 6575/09. The same inquiry and same impugned order were under consideration which is the subject matter of this writ application. The impugner order as well as the inquiry report was quashed and the direction was issued to the concerned respondents to reinstate the petitioners with all consequential benefits. Petitioner’s case is fully covered by the judgment and order passed in C.W.J.C. No. 6575 of 2009 and analogous cases. Accordingly, this writ application is allowed. The impugned order dated 09.08.2008 as contained in Memo No. 944 dated 09.08.2008 issued by the Civil Surgeon-cum-Chief Medical Officer, Sheikhpura is quashed. The respondent-Civil Surgeon- 3 cum-Chief Medical Officer, Sheikhpura is directed to reinstate the petitioner on his post with all consequential benefits. AKV/ (Mridula Mishra, J.)