IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17656 of 2009 1. KRISHNANDAN MISHRA S/O LATE RAM SHRESTH MISHRA R/O VILL.- NARWARA P.S.- TARIYARI, DISTT.- SHEOHAR 2. ARUMENDRA KUMAR MISHRA S/O SRI RAJENDRA MISHRA R/O VILL.- BAUNA, P.S. MIMAPUR, DISTT.- MUZAFFARPUR 3. RAJESH KUMAR SAHI S/O SRI MAHENDRA PRASAD SAHI R/O VILL.- PANTH PAKAR, P.S.- BATHANAHA, DISTT.- SITAMARHI 4. RAKESH BHUSHAN JHA S/O SRI SURYA SHANKAR JHA R/O VILL.- GOSHOUTH P.S.- MINAPUR, DISTT.- MUZAFFARPUR 5. ANJANI KUMAR CHOUDHARY S/O SRI HARISHCHANDRA PRASAD CHOUDHARY R/O VILL.- JHANDAPUR, P.S. BIHPUR, DISTT.- BHAGALPUR 6. SATYENDRA PRASAD TIWARY S/O LATE RAMJEE TIWARY R/O VILL.- KHUNTAHA, P.S. OBRA, DISTT.- AURANGABAD 7. RAJESH KUMAR PATHAK S/O SRI DEO KRISHAN PATHAK R/O VILL.- SASOLAKALA, P.S. SOSELAKALA, DISTT.- SITAMARHI 8. GOPAL KUMAR CHOUDHARY S/O LATE RAMDEO PRASAD CHOUDHARY R/O VILL.- TULSIPUR, JAMUNIA, P.S. PARBATA, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE SECRETARY-CUM-COMMISSIONER, HEALTH DEPTT. GOVT. OF BIHAR, NEW SECRETARIATE, PATNA 3. THE ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY, HEALTH DEPTT. GOVT. OF BIHAR 4. THE DIRECTOR-IN-CHIEF, HEALTH SERVICE, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA 5. THE STATE LEPROSY ERADICATION OFFICER, SULTANGANJ, PATNA 6. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, SITAMARHI ----------- 2/ 12.04.2010 Heard counsel for the petitioners and the counsel appearing for the State. This application is for quashing of order contained in Memo No. 11/L.4-06/90-84 (11) dated 08.03.1999, whereby the petitioners’ appointment has been cancelled and they have been terminated from service. On perusal of the different orders and the Annexure, it is apparent that petitioners are also appointees of Dr. Rajendra Prasad, who became notorious for making illegal 2 appointment. Hundreds and hundreds persons were appointed, despite retrain order being passed by the superior authority. Such illegally appointed persons when terminated, filed writ application. In the writ applications some directions were issued, relating to fresh enquiry. All attempts were made to enquire into the matter of genuineness of the appointment of all such appointees, who were claiming to be legally appointed. The final outcome was that it became impossible to find out and examine the real and the fake appointment. In the year 1999, the Additional Secretary-cum-Special Secretary, Health Department, Government of Bihar, has passed the order, closing the chapter for all time to come, as he failed to find out the truth. I do not find merit in the application, considering the illegality of these appointments, have been examined on many occasions otherwise also the termination order passed in the year 1999, needs no consideration after such a long time. This application is dismissed. Sanjeet/ (Mridula Mishra, J.) .