IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7416 of 2003 1. SHYAMATA PRASAD YADAV, son of Sri Raghu Yadav, resident of village Gurgaian, P.S. Deo, District Aurangabad 2. Krishna Kumar Yadav, son of Sri Ram Bilas Yadav, resident of village Gurgaian, P.S. Deo, District Aurangabad 3. Krishna Kumar Singh Yadav, son of Sri Ram Bilas Yadav, resident of village Tendua, P.S. Jamahaur, District Aurangabad … Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary cum Commissioner, Health, Medical, Education and Family Welfare, Govt. of Bihar, Patna 3. The Director-in-Chief, Health Service, Bihar, Patna 4. The Regional Deputy Director, Health Services, Magadh Division, Gaya, District Gaya 5. The District Magistrate, Aurangabad, District Aurangabad 6. The Civil Surgeon cum Chief Medical officer, Aurangabad, District Aurangabad … Respondents ----------- 4. 3.9.2010 Having heard counsel for the parties as with regard to the following relief: “This is an application through which the petitioners crave indulgence of this Hon’ble Court for issuance of appropriate writ(s), order(s), direction(s) to quash memo no. 1571 dated 5.7.2003, memo no. 1572 dated 5.7.2003 and memo no. 1579 dated 5.7.2003 issued under signature of respondent no.6 whereby and whereunder the service of petitioners have been dismissed and further to direct and command 2 the respondent authorities to reinstate the service of the petitioners on their respective posts with all service benefits and further to grant any other relief(s) for which the petitioners may be found entitled to.” and taking into account that the operation of the impugned orders dismissing the petitioners from service were stayed by this Court way back on 13.8.2003 and thereby they have continued in service till date, this Court having found not only such order is non-speaking and the petitioner had also assailed than before the Director-in-Chief, this Court would deem it necessary to direct the Director-in-Chief to go into the correctness or otherwise of the order of termination of the petitioners, inasmuch as such cryptic impugned order has been passed by the Civil Surgeon cum Chief Medical Officer, Aurangabad. The Director-in-Chief of the Health Services will however have full liberty to examine the whole issue afresh including the initial appointment of the petitioners and if it is found that either their engagement on Aichchik Karyakarta in Sadar Prakhand, 3 Aurangabad under the orders of the In-charge Medical Officer was unauthorized or illegal, he would not give any weightage to the subsequent order passed by the Civil Surgeon regularising such illegal appointment. On the other hand, if it is found that the regularization of service of the petitioners on 1.10.1992 was by way of conscious application of mind following procedure of appointment on the post of Male Attendant in Additional Primary Health Centre and the petitioners had also fulfilled all the requisite qualification for the said post he would consider the whole thing objectively keeping in view long continuation of the petitioners in service for more than 22 years. While this Court would not like to express its final view on the merit of the claim of the petitioners with regard to legality of their appointment, it would however make it clear that if the persons similar to the petitioners appointed/ regularized on the post of Male Attendant have been allowed to continue, the petitioners will also be given the similar 4 treatment, but if all other similarly situated persons have already been removed from on the said ground of illegality in their appointment the petitioners’ case will also meet the same fate. With the aforementioned observation and direction, this application is disposed of by making it clear that the interim order passed by this Court on 13.8.2003 staying the operation of the impugned orders of dismissal of the petitioners shall continue till a final order is passed by the Director-in-Chief of the Health Services. Let a copy of this order be given to Mr. S.K.Ghosh, learned AAGII, for its communication to the Director-in-Chief. (Mihir Kumar Jha,J.) Surendra/