IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10424 of 2005 SUNIL KUMAR SINGH, SON OF SHRI LAXMAN SINGH, RESIDENT OF VILLAGE KOILWAR, P.O. & P.S. KOILWAR, DISTRICT BHOJPUR………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA 2. DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA 3. DIRECTOR, HEALTH SERVICES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, VIKASH BHAWAN, PATNA 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, ARRAH, BHOJPUR 5. INCHARGE MEDICAL OFFICER, LEPROSY CONTROL UNIT BUXAR, BHOJPUR……RESPONDENTS ----------- 6. 10.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner, who was initially appointed in 1989 on daily wages against a class IV post under the control of the Superintendent, T.B. Hospital, Koilwar, Bhojpur, was terminated by order dated 31.12.1991 as contained in Annexure-3. Petitioner moved this Court in C.W.J.C.No.3558 of 1992 and this Court directed petitioner to file a representation before the Civil Surgeon-cum-Chief Medical Officer who was directed to consider the same. The representation was filed which was considered - 2 - and rejected by the Civil Surgeon by order as contained in Annexure-1. Learned counsel for the petitioner submits that since petitioner had been appointed prior to 11.12.1990 on daily wages, he was protected by the resolution of the Government as contained in Memo No.489 dated 10.05.2005, a copy whereof is annexed as Annexure-5 with the supplementary affidavit. A large number of cases of termination of class III and class IV employees of the Health Department have since been referred to a Committee of Hon’ble Mr. Justice Uday Sinha (Retired) by a Division Bench of this Court vide its order passed on 11.02.2010 in L.P.A. No.1623 of 2009 and other analogous cases. Since the case of the petitioner is also on similar footing, it will be appropriate that his case may also be considered by the said Committee. Hence, the writ application is disposed of with an observation that the said order dated 11.02.2010 passed by the Division Bench in L.P.A. No.1623 of 2009 and other analogous cases shall be applicable in case of - 3 - this petitioner also with a modification that the petitioner will file his brief before the said Committee within two weeks from today. In consideration of the case of the petitioner, the Committee shall not take into account the order passed against the petitioner as contained in Annexure-1. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)