IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.934 of 2010 SUNIL KUMAR S/O SRI NAND KISHORE SAO R/O VILL KULHARIA,P.S.KOILWAR,DISTT-BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY , HEALTH DEPARTMENT GOVERNMENT OF BIHAR, PATNA 1. 2. THE DIRECTOR -IN- CHIEF, HEALTH SERVICES GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 2. THE CHIEF MALERIA OFFICER BIHAR, PATNA 3. THE CIVIL SURGEON- CUM - CHIEF MEDICAL OFFICER DISTT-BHOJPUR AT ARRA ----------- 02/ 20.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent-authorities of the Health Department, Govt. of Bihar, specially Civil Surgeon –cum- Chief Medical Officer, Bhojpur at Ara to reinstate him on the post of Basic Health Worker on which he was earlier appointed and illegally terminated with effect from 31.3.1994. On perusal of the statement in the writ application, it is apparent that petitioner was initially appointed as daily wager, thereafter the Chief Malariya Officer, Bhojpur allowed him to work on the post of Basic Health Worker. There is no averment that before allowing the petitioner to work on the post of Basic Health Worker, any appointment letter was issued in his favour, following the procedure for a - 2 - legal appointment. Admittedly no process for a legal appointment was followed, post was not advertised, no interview conducted, the reservation roaster not followed and the petitioner was allowed to work on the post of Basic Health Worker, even without finding whether there is vacancy against the sanctioned post. Since, it was not an appointment made in legal manner, following the procedure, as such it was void, ab initio. Once appointment is illegal, termination order can be issued at any point of time. In the case of the petitioner, termination order was issued, once it was found that he is continuing on the post, illegally. The termination order remained unchallenged for 15 years. I do not find any merit in this application, it is dismissed. DKS/ (Mridula Mishra, J.)