Civil Appeal Nos. 4256-257 2010 (Arising out of S.L.P. (C) Nos. 21558-21559 of 2003). Case: Md. Ashif and Ors. Vs State of Bihar and Ors.. Supreme Court (India)
| Case Number | Civil Appeal Nos. 4256-257 2010 (Arising out of S.L.P. (C) Nos. 21558-21559 of 2003) |
| Judges | J.M. Panchal and T.S. Thakur, JJ. |
| Issue | Constitution of India - Articles 14, 16 and 226 |
| Citation | 2010 (3) AWC 2754 (SC), 2010 (58) BLJR 805, JT 2010 (5) SC 269, 2010 (5) SCALE 217, (2010) 5 SCC 475, 2010 (5) UJ 2677 (SC) |
| Judgement Date | May 06, 2010 |
| Court | Supreme Court (India) |
Judgment:
T.S. Thakur, J.
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Leave granted.
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These appeals by special leave arise out of an order passed by a Division Bench of the High Court of Patna whereby Letters Patent Appeal Nos. 33 and 540 of 2002 have been allowed, the order passed by the learned Single Judge set aside and Writ Petitions No. 11701 and 9024 of 2001 dismissed.
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The appellants in these appeals were in June 1985 appointed as Voluntary Health Workers in State run dispensaries within the district of Darbhanga in the State of Bihar. In lieu of their services they were paid a monthly honorarium of Rs. 50/- only. Less than five months after their initial appointment they were absorbed as Primary Health Workers by the Chief Medical Officer which carried a pay scale of Rs. 535-765. It is not in dispute that the appellants continued to work for nearly 15 years as Primary Health Workers, till their services were terminated by an order dated 20th February, 2001 on the ground that their promotion/absorption as Primary Health Workers was illegal and contrary to the rules. The termination, it appears, came pursuant to an enquiry regarding procedure followed in the making of the appointments to class III posts. The enquiry revealed that the appointments were in breach of circular/instructions dated 3rd December, 1980 issued by the Chief Secretary of the State of Bihar pointing out that appointment to Class-3 posts had been made in violation of procedure laid down by the State Government in terms of two circulars dated 10th July, 1980 and 26th September, 1980. The Government, therefore, directed all the Heads of the Departments, Divisional Commissioners and the District Magistrates to review the system and to send their reports to ensure that action for filling up of the vacant posts is taken in accordance with the prescribed procedure. It was further directed that appointments made in violation of the prescribed procedure would not only call for action against those who make such appointments but render the appointments liable to be cancelled.
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Aggrieved by the termination of their services as Primary Health Workers and reversion to Voluntary Health Workers the appellants filed Writ Petitions No. 11701 and 9024 of 2001 in the High Court of Patna, inter alia, asserting that the appointments of the petitioners (appellants herein) had been made after a proper advertisement and that the termination of their services 15 years after the commission of the alleged irregularity in making the appointments was unfair and legally impermissible. By an order dated 9th November, 2001 a Single bench of the High Court of Patna held the termination of the services of the appellants to be illegal inasmuch as the same was based on an alleged irregularity committed 15 years earlier. Reliance in support was placed upon the decisions of this Court in Roshni Devi and Ors. v. State of Haryana and Ors. (1998) 8 SCC 59 and Union of India and Ors. v. Kishorilal Bablani AIR 1999 SC 517.
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The order passed by the learned Single Judge was, assailed before a Division bench in Letters Patent Appeal Nos. 33 and 540 of 2000 filed by the State of Bihar. The Division Bench opined that since the initial appointment of the appellants herein was illegal the very fact that the appellants had worked for a long period did not cure that defect so as to justify their reinstatement...
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Writ A No. 36196 of 2001. Case: Girja Kishore and Others Vs State of U.P. Thru' D.M. Gorakhpur and Others. High Court of Allahabad (India)
...appeals and set aside the orders passed by the High Court as also the KAT. 22. In Mohd. Ashif and Others v. State of Bihar and Others (2010) 5 SCC 475: 2010-IV-LLJ-1, the Court referring to the earlier decisions 7.... The legal position regarding the right of an employee to seek regularisat......
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Civil Writ Jurisdiction Case Nos. 267 and 472 of 2010. Case: 1. Ram Sevak Yadav W/o Late Shri Shivlal Yadav R/o Vill-Mahadeva, P.O. Jageshwar Asthan, P.S. Phulparas, Distt. Madhubani, 2. Umesh Ram S/o Late Asharfi Ram R/o Village, Post office And Police Station Ghoghardiha, Distt. Madhubani Vs 1. The State of Bihar through The Chief Secretary Govt. of Bihar, Old Secretariate, Patna and Ors., 2. The State of Bihar Through The Principal Secretary Department of Health, Government of Bihar, Patna and Ors.. High Court of Patna (India)
...an appointment was a rank illegality, even 15 years of service was considered inconsequential and claim for regularisation was denied in (2010) 5 SCC 475 (Mohd. Ashif v. State of Bihar) 7...The all important condition precedent for such regularisation is that the initial entry of such an em......
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...no specific promise extended in – as was done in the case of G.S. Suresh (supra). He further places on Md. Ashif vs. State of Bihar , (2010) 5 SCC 475 and Prakash vs. State of Bihar , (2010) 4SCC 179. On the other hand, learned counsel for the respondents submits that initial advertisement ......
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W.P.(C)--3924/2012. Case: NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. SH. G.S.V.S.PRABHAKAR RAO. High Court of Delhi (India)
...no specific promise extended in – as was done in the case of G.S. Suresh (supra). He further places on Md. Ashif vs. State of Bihar , (2010) 5 SCC 475 and Prakash vs. State of Bihar , (2010) 4SCC 179. On the other hand, learned counsel for the respondents submits that initial advertisement ......
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Writ A No. 36196 of 2001. Case: Girja Kishore and Others Vs State of U.P. Thru' D.M. Gorakhpur and Others. High Court of Allahabad (India)
...appeals and set aside the orders passed by the High Court as also the KAT. 22. In Mohd. Ashif and Others v. State of Bihar and Others (2010) 5 SCC 475: 2010-IV-LLJ-1, the Court referring to the earlier decisions 7.... The legal position regarding the right of an employee to seek regularisat......
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Civil Writ Jurisdiction Case Nos. 267 and 472 of 2010. Case: 1. Ram Sevak Yadav W/o Late Shri Shivlal Yadav R/o Vill-Mahadeva, P.O. Jageshwar Asthan, P.S. Phulparas, Distt. Madhubani, 2. Umesh Ram S/o Late Asharfi Ram R/o Village, Post office And Police Station Ghoghardiha, Distt. Madhubani Vs 1. The State of Bihar through The Chief Secretary Govt. of Bihar, Old Secretariate, Patna and Ors., 2. The State of Bihar Through The Principal Secretary Department of Health, Government of Bihar, Patna and Ors.. High Court of Patna (India)
...an appointment was a rank illegality, even 15 years of service was considered inconsequential and claim for regularisation was denied in (2010) 5 SCC 475 (Mohd. Ashif v. State of Bihar) 7...The all important condition precedent for such regularisation is that the initial entry of such an em......
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W.P.(C)--3923/2012. Case: NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. A.S.DIVYENDER. High Court of Delhi (India)
...no specific promise extended in – as was done in the case of G.S. Suresh (supra). He further places on Md. Ashif vs. State of Bihar , (2010) 5 SCC 475 and Prakash vs. State of Bihar , (2010) 4SCC 179. On the other hand, learned counsel for the respondents submits that initial advertisement ......
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W.P.(C)--3924/2012. Case: NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. SH. G.S.V.S.PRABHAKAR RAO. High Court of Delhi (India)
...no specific promise extended in – as was done in the case of G.S. Suresh (supra). He further places on Md. Ashif vs. State of Bihar , (2010) 5 SCC 475 and Prakash vs. State of Bihar , (2010) 4SCC 179. On the other hand, learned counsel for the respondents submits that initial advertisement ......