IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.200 of 2010 In
Civil Writ Jurisdiction Case No. 6873 of 2008 With
Interlocutory Application No.1005 of 2010 In
Letters Patent Appeal No.200 of 2010
======================================================
1. The State of Bihar through Chief Secretary, Bihar, Patna
2. The Director-In-Chief, Health Services, Bihar, Patna, Secretariat Building, Patna
3. The District Magistrate, East Champaran, Motihari
4. The Civil Surgeon-Cum-Chief Medical Officer, East Champaran, Motihari
5. Dr. Srikant Mandal, S/O Not Known , Additional Civil Surgeon-Cum- Incharge Chief Medical Officer, East Champaran, Motihari .... .... Appellant/s
Versus
Madhu Kumari, D/O Vir Narayan Prasad Sahu, resident of village- Dhaka, P.S- Dhaka, Dist- East Champaran, Motihari, posted as Clerk in Additional Primary Health Centre, Pachpakari, Dhaka, Distt- East Champaran, Motihari
.... .... Respondent/s
====================================================== With
Letters Patent Appeal No.560 of 2010
IN
Civil Writ Jurisdiction Case No. 7645 of 2009 With
Interlocutory Application No. 2826 of 2010 In
Letters Patent Appeal No. 560 of 2010
======================================================
1. The State of Bihar through the Principal Secretary, Health & Family Welfare Department, Govt. of Bihar , New Secretariat, Patna
2. Director In Chief, Health Services, Government of Bihar, Patna
3. Deputy Director, Health Services, Government of Bihar, Patna
4. Regional Deputy Director, Health Services, Government of Bihar, New Secretariat, Patna
5. Civil Surgeon Cum Chief Medical Officer, Madhubani , North Bihar, Patna
.... .... Appellants/Respondents
Versus
1. Dunni Lal Deepak, S/O Kailu Prasad, resident of village - Baghant, P.S - Manigachhi , District - Darbhanga.
2. Hemant Kumar, S/O Late Prem Shankar Lal Das, resident of village - Bahadurpur, P.S - Bahadurpur , District - Darbhanga
3. Prem Kumar Jha, S/O Late Ganesh Jha, resident of village - Bahata, P.S.- Benipatti, District - Madhubani
4. Baunjee Mishra, S/O Late Indra Narain Mishra, resident of village - Karajpur, P.S - Darbhanga, District- Darbhanga
1
5. Balaram Choudhary ,S/O Late Deo Narain Choudhary, resident of village & P.S - Bahadurpur, District - Darbhanga .... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No.566 of 2010
IN
Civil Writ Jurisdiction Case No. 6575 of 2009 With
Interlocutory Application No. 2846 of 2010 In
Letters Patent Appeal No. 566 of 2010
======================================================
1. The State of Bihar through the Principal Secretary, Department of Health , Government of Bihar, Patna
2. Director in Chief, Health Services, Govt. of Bihar , Patna
3. Regional Deputy Director, Health Services, Magadh Division , Gaya
4. Civil Surgeon Cum Chief Medical Officer, Patna
5. Incharge Medical Officer , Additional Primary Health Centre , Bihar , Patna
.... .... Appellants/Respondents
Versus
Om Prakash, S/O Sri Umesh Prasad Singh, resident of village - Anand Vihar Colony, Bhutnath Road, Kankarbagh, P.S - Agamkuan , District- Patna
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.710 of 2010
IN
Civil Writ Jurisdiction Case No. 7493 of 2009 With
Interlocutory Application No. 3751 of 2010 In
Letters Patent Appeal No. 710 of 2010
======================================================
1. The State of Bihar.
2. The Commissioner Cum Secretary Department of Health, Government of Bihar, Patna
3. The Director in Chief, Health Services, Bihar, Patna.
4. The Deputy Director (Administration), Health Services, Bihar, Patna
5. The Regional Deputy Director, Health Services, Magadh Division, Gaya.
6. The District Magistrate, Aurangabad.
7. The Civil Surgeon cum Chief Medical Officer, Aurangabad.
8. The In-Charge Medical Officer, Primary Health Centre, Obera, Aurangabad.
9. The In-Charge Medical Officer, Additional Primary Health Centre, Obera Block, P.S.- Obera, District- Aurangabad. .... .... Appellants/Respondents
Versus
1. Rabi Saw, S/O Sri Shitab Chandra Shah, resident of village -Shivagarh,
2
P.S.- Bikram, District- Patna.
2. Sri Bhagwan Sah, S/O Sri Sheo Narayan Sah, resident of village - Semra, P.S.- Barhara, District- Bhojpur.
.... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No.1021 of 2010
IN
Civil Writ Jurisdiction Case No.17798 of 2008
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Commissioner-Cum-Secretary, Department of Health and Family Welfare, Government of Bihar, Patna.
3. The Director-In-Chief , Health Services, Bihar, Patna.
4. The Deputy Director (Establishment), Health Services, Bihar, Patna
5. The Deputy Director, Health Services, Bihar, Patna.
6. The Civil Surgeon-Cum-Chief Medical Officer, Saharsa .
7. The Civil Surgeon-Cum-Chief Medical Officer, Madhepura, Madhepura .... .... Appellants/Respondents
Versus
Ramrup Prasad Yadav, S/O Late Rasik Lal Yadav resident of village- Bishanpur, P.S.- Bihra, Distt.- Saharsa
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1040 of 2010
IN
Civil Writ Jurisdiction Case No. 6935 of 2009
======================================================
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna
2. The Director-In-Chief, Health and Family Welfare Department, Government of Bihar, Patna
3. The Civil Surgeon-Cum-Chief Medical Officer, Madhepura .... .... Appellants/Respondents
Versus
Giridhar Prasad Karan,S/O Mahabir Lal Das, resident of village - Rahta, P.S.- Kumar Khand, Distt.- Madhepura
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1189 of 2010
IN
Civil Writ Jurisdiction Case No. 4921 of 2008
======================================================
1. The State of Bihar through the Commissioner-Cum-Secretary, Department of Health Government of Bihar, New Secretariat, Patna
2. The Director-In-Chief , Health Services, Government of Bihar, New Secretariat, Patna
3. The Enquiry Committee headed by the Director-In-Chief, Health Services, Government of Bihar, Patna
3
4. The Director, Health Services, Government of Bihar, Patna
5. The Regional Deputy Director , Health Services Magadh Division, Gaya
6. The Civil Surgeon-Cum-Chief Medical Officer, Primary Health Centre Kauwakol, Nawada
.... .... Appellants/Respondents
Versus
Pramod Kumar, S/O Late Baiju Mahto, resident of village -Mirbigha, P.S.Warsliganj, Distt-Nawada, was posted as Health Servant at Primary Health Centre, Kauwakol, Distt-Nawada
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1199 of 2010
IN
Civil Writ Jurisdiction Case No. 11971 of 2009
======================================================
1. The State of Bihar.
2. The Principal Secretary, Health Department, Bihar, Patna.
3. The Director-In-Chief, Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
5. The In-Charge Medical Officer, Primary Health Centre, Ghoghardiha, Distt.- Madhubani.
.... .... Appellants/Respondents
Versus
Dinesh Kumar, S/O Late Kapileshwar Yadav, resident of village- Ram Nagar, P.S.- Arer, Distt.- Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1201 of 2010
IN
Civil Writ Jurisdiction Case No. 16612 of 2009 With
Interlocutory Application No. 6739 of 2010 In
Letters Patent Appeal No. 1201 of 2010
======================================================
1. The State of Bihar
2. The Principal Secretary, Department of Health, Government of Bihar, Patna
3. The Director-In-Chief , Health Services Department of Health Government of Bihar, Patna
4. The Regional Deputy Director, Health Services, Darbhanga Division, Darbhanga
5. The Civil Surgeon-Cum-Chief Medical Officer Madhubani
6. The In-Charge Medical Officer, Primary Health Centre, Ghoghardiha, Madhubani
.... .... Appellants/Respondents
Versus
Deo Narayan Safi, S/O Mannu Lal Safi, resident of village -Sudai, P.O. Sudai Ratori, P.S. Ghoghardiha, Distt- Madhubani
4
.... .... Respondent/Petitioner ====================================================== With
Letters Patent Appeal No.1202 of 2010
IN
Civil Writ Jurisdiction Case No. 8795 of 2009 With
Interlocutory Application No. 6746 of 2010 In
Letters Patent Appeal No. 1202 of 2010
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Health , Medical Education and Family Welfare Government of Bihar, Patna
3. The Director-In-Chief, Health Services Government of Bihar, Patna
4. The Regional Deputy Director , Health Services, Magadh Division, Gaya
5. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad .... .... Appellants/Respondents
Versus
Upendra Sharma, S/O Sri Ram Swaroop Singh, resident of village - Raili, P.S. Belaganj, Distt-Gaya
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1203 of 2010
IN
Civil Writ Jurisdiction Case No. 8530 of 2008
======================================================
1. The State of Bihar , through the Chief Secretary , Government of Bihar, Patna
2. The Commissioner-Cum-Secretary, Department of Health and Family Welfare, Government of Bihar, Patna
3. The Director-In-Chief, Health Services Bihar, Patna
4. The Deputy Director (Establishment), Health Services Bihar, Patna
5. The Deputy Director, Health Services Bihar, Patna
6. The Civil Surgeon-Cum-Chief Medical Officer Saharsa
7. The Civil Surgeon-Cum-Chief Medical Officer Madhepura .... .... Appellants/Respondents
Versus
Hare Ram Prasad, S/O Late Mungalal Yadav, resident of village & P.O. Sundar Virajeet, P.S.Madhepura, Distt-Madhepura .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1220 of 2010
IN
Civil Writ Jurisdiction Case No. 5991 of 2008
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
5
2. The Secretary Cum Commissioner, Department of Health, Government of Bihar, Patna
3. The Director In Chief, Health Services, Patna Division, Patna
4. The Regional Deputy Director, Health Services, Patna Division, Patna .... .... Appellants/Respondents
Versus
Subodh Kumar, S/O Sri Nandu Ram, R/O Ambedkar Nagar, Sandalpur Colony, P.O.- Mahendru, P.S.- Sultanganj, Distt.- Patna .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1227 of 2010
IN
Civil Writ Jurisdiction Case No. 7892 of 2009
======================================================
1. The State of Bihar through the Commissioner Secretary, Department of Health, Medical Education and Family Planning, Government of Bihar, Patna
2. The Regional Deputy Director , Health Services, Magadh Division, Gaya
3. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad
4. The Medical Officer In-Charge, Primary Health Centre, Nabi Nagar, Aurangabad
.... .... Appellants/Respondents
Versus
Dindayal Mishra, S/O Late Ram Pyare Mishra, resident of Mohalla - Ram Dham Mandir, P.O./P.S.- Bagaha, Distt.- West Champaran .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1228 of 2010
IN
Civil Writ Jurisdiction Case No. 9706 of 2009
======================================================
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna
2. The Health Commissioner-Cum-Secretary, Health Services, Government of Bihar, New Secretariat, Patna
3. The Director-In-Chief, Health Services, Government of Bihar, New Secretariat, Patna
4. The Additional Director, Health Services, Government of Bihar, New Secretariat, Patna
5. The Regional Deputy Director, Health Services, Government of Bihar, Darbhanga Division, Darbhanga
6. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani
7. The In-Charge Medical Officer Primary Health Centre, Khajauli, Distt.- Madhubani
.... .... Appellants/Respondents
Versus
Pradip Kumar S/O Sri Ram Udar Yadav, resident of village - Ekdara, P.S.- Khajauli, Distt.- Madhubani
.... .... Respondent/Petitioner
6
====================================================== With
Letters Patent Appeal No.1236 of 2010
IN
Civil Writ Jurisdiction Case No. 14573 of 2009 With
Interlocutory Application No. 7004 of 2010 In
Letters Patent Appeal No. 1236 of 2010
======================================================
1. The State of Bihar through the Principal Secretary, Department of Health Services, Government of Bihar, Patna
2. The Health Commissioner Government of Bihar, New Secretariat, Patna-800001
3. The Director-In-Chief , Health Services Government of Bihar, New Secretariat, Patna-800001
4. The Regional Deputy Director of Health Services, Government of Bihar, Darbhanga Division, Darbhanga
5. The Civil Surgeon-Cum-Chief Medical Officer Madhubani
6. The In-Charge Medical Officer, Primary Health Centre Ghodhardiha, P.S. Ghodhardiha, Distt-Madhubani
.... .... Appellants/Respondents
Versus
Sunil Kumar Mahto S/O Sri Lashman Mahto, resident of village - Patna, Goddi Road, Jainagar, P.S.Jainagar, Distt-Madhubani .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1241 of 2010
IN
Civil Writ Jurisdiction Case No. 1317 of 2009 With
Interlocutory Application No. 7012 of 2010 In
Letters Patent Appeal No. 1241 of 2010
======================================================
1. The State of Bihar , through the Secretary -Cum-Commissioner, Health Medical Education and Family Welfare Department, Government of Bihar, Patna
2. The Secretary-Cum-Commissioner, Health Medical Education and Family Welfare Department, Government of Bihar, Patna
3. The Director-In-Chief, Health Services Government of Bihar, Patna
4. The Regional Deputy Director, Health Services, Magadh Division, Gaya
5. The District Magistrate Aurangabad, Distt-Aurangabad
6. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad, Distt- Aurangabad
.... .... Appellants/Respondents
Versus
Suresh Prasad Yadav S/O Late Keshwar Singh, resident of village -Sada Bigha, P.O. Amilauna, P.S.Jamhor, Distt-Aurangabad .... .... Respondent/Petitioner
======================================================
7
With
Letters Patent Appeal No.1243 of 2010
IN
Civil Writ Jurisdiction Case No. 3231 of 2009
======================================================
1. The State of Bihar , through the Commissioner Cum Principal Secretary, Department of Health and Family Welfare Government of Bihar, Patna
2. The Director-In-Chief , Health Services, Government of Bihar, Patna
3. The Deputy Secretary, Department of Health, Government of Bihar, Patna
4. The Joint Director, Department of Health Government of Bihar, Patna.
5. The Deputy Director , Health Services Government of Bihar, Patna
6. The Regional Deputy Director, Health Services Tirhut Division, Muzaffarpur
…. Appellants/Respondents
7. Arjun Kumar, S/O Not Known, resident of village & P.O. Khabra, P.S. Sadar, Muzaffarpur
8. Akhilesh Prasad Singh, S/O Not Known, resident of village Bania , P.O. Chakram Das, P.S.Vaishali, Distt-Vaishali
9. Gunanand Choudhary S/O Not Known at present Village- Khabra, P.O. Khabra, P.S.Sadar, Distt-Muzaffarpur
10. Sanjay Kumar, S/O Not Known, resident of village +P.O. Kabilpur, P.S. Kanti, Distt- Muzaffarpur
11. Arbind Kumar Singh, S/O Not Known, resident of village +P.O. Purshottampur, P.S. Kurhni, Distt-Muzaffarpur
12. Shailesh Kumar, S/O Not Known, resident of Mohalla- Amgola, Khajurbani, P.O.Ramna, P.S. Town Thana, Distt-Muzaffarpur
13. Ashok Kumar Thakur, S/O Not Known, resident of village -Patahi Prahaladpur, P.O.Patahi, P.S.Sadar, Distt-Muzaffarpur
14. Dhirendra Kumar Suman, S/O Not Known, resident of village + P.O. Rahunathpur, P.S.Sakra, Distt-Muzaffarpur
15. Manish Kumar, S/O Not Known, resident of Mohalla- Shastri Nagar, Kanhauli Khadi Bhandar, P.S.Mithanpura, Distt-Muzaffarpur
16. Krishna Kumar Singh S/O Not Known, resident of village -Gopalpur, P.O. Raja Pakar, P.S.Sakra, Distt-Muzaffarpur
.... .... Proforma Respondents
Versus
Sunil Kumar Sharma S/O Ram Nandan Sharma, resident of Mohalla- Nehru Nagar Gobarsahai, P.O.Bhagwanpur, P.S.Sadar Thana, Distt-Muzaffarpur .... .... Respondent/s
====================================================== With
Letters Patent Appeal No.1251 of 2010
IN
Civil Writ Jurisdiction Case No. 5132 of 2008
======================================================
1. The State of Bihar
2. Secretary-Cum-Commissioner Health Services, Bihar, Patna
3. Regional Deputy Director Health Services, Patna Division, Patna .... .... Appellants/Respondents
Versus
8
1. Hiralal Sharma S/O Babulal Sharma resident of Mohalla- Bhikhna Pahari, Sinha Timber, Patna, Distt.- Patna
2. James Toppo, S/O Late Simon Toppo, resident of village and P.O.- Kathkahi, P.S.- Chainpur, Distt.- Gumla (Jharkhand) .... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No.1302 of 2010
IN
Civil Writ Jurisdiction Case No. 9686 of 2009
======================================================
1. The State of Bihar through the Director-In-Chief, Health Services, Bihar, Patna
2. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani
3. The In-Charge Medical Officer Primary Health Centre, Ghoghardiha, Distt.- Madhubani
.... .... Appellants/Respondents
Versus
Chandra Shekhar Prasad S/O Sri Ram Lakhan Sah resident of village- Maharajganj, P.O. And P.S.- Madhubani, Distt.- Madhubani .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1331 of 2010
IN
Civil Writ Jurisdiction Case No. 9882 of 2009
======================================================
1. The State of Bihar through the Principal Secretary, Department of Health Government of Bihar, Patna
2. The Commissioner Health Services Government of Bihar, New Secretariat, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, New Secretariat, Patna.
4. The State Leprosy Prevention Officer, Bihar, Patna.
5. The Regional Deputy Director, Health Services, Government of Bihar, Darbhanga Division, Darbhanga.
6. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
7. The In-Charge Medical Officer-Cum-District Leprosy Officer, District Leprosy Control Unit Madhubani.
.... .... Appellants/Respondents
Versus
Rajesh Kumar, S/O Sri Basant Kumar, resident of Mohalla Gandhi Chowk, P.S. Madhubani Town, District-Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1332 of 2010
IN
Civil Writ Jurisdiction Case No. 7996 of 2009 With
Interlocutory Application No. 7537 of 2010 In
9
Letters Patent Appeal No. 1332 of 2010
======================================================
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The Commissioner-Cum-Secretary, Department of Health Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Director, Health Services, Government of Bihar, Patna.
5. The Regional Deputy Director, Health Services, Magadh Division, Gaya.
6. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad, District- Aurangabad.
.... .... Appellants/Respondents
Versus
Sudhir Kumar, son of Anirudh Prasad Singh, resident of Village Babalola, P.O. Dhadhapi, P.S.Madanpur, District-Aurangabad.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1333 of 2010
IN
Civil Writ Jurisdiction Case No. 8053 of 2009 With
Interlocutory Application No. 7535 of 2010 In
Letters Patent Appeal No. 1333 of 2010
======================================================
1. The State of Bihar, through the Secretary-Cum-Commissioner, Department of Health, Government of Bihar, Patna.
2. The Deputy Commissioner-Cum-Special Secretary, Department of Health Government of Bihar, Patna.
3. The Director-In-Chief, Department of Health, Government of Bihar, Patna.
4. The Deputy Secretary, Department of Health Government of Bihar, Patna.
5. The District Magistrate Begusarai.
6. The Civil Surgeon-Cum-Chief Medical Officer, Begusarai.
7. The Superintendent, P. P. Programme , Sadar Hospital, Begusarai.
8. The In-Charge Medical Officer, P. P. Program Sadar Hospital Begusarai.
9. The Superintendent, A.N.M. School, Sadar Hospital Begusarai.
10. The Incharge Medical Officer, Additional Primary Health Centre Deopura, Begusarai.
.... .... Appellants/Respondents
Versus
Urmila Devi, W/O Sri Ram Bahadur Ram, resident of Mohalla- Telia Pokhar Sangat, Ward No.5, P.S.Town (Begusarai), District-Begusarai (Bihar).
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1527 of 2010
10
IN
Civil Writ Jurisdiction Case No. 9962 of 2009 With
Interlocutory Application No. 8638 of 2010 In
Letters Patent Appeal No. 1527 of 2010
======================================================
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2. The Health Commissioner, Government of Bihar, New Secretariat, Patna.
3. The Director-In-Chief Health Services, Government of Bihar, New Secretariat, Patna.
4. The Regional Deputy Director, Health Services, Government of Bihar, Darbhanga Division, Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
6. The Civil Surgeon-Cum-Chief Medical Officer, Begusarai.
7. The In-Charge Medical Officer, Primary Health Centre, Bisfi, District- Madhubani.
8. The In-Charge Medical Officer, Additional Primary Health Centre, Chauri (Rahika), District- Madhubani.
9. The In-Charge Medical Officer, Additional T.B. Centre, Jhanjharpur, Districtt- Madhubani.
10. The In-Charge Medical Officer, Additional Primary Health Centre, Rataul (Madhepur), District- Madhubani
.... .... Appellants/Respondents
Versus
1. Biranchi Prasad Yadav son of Late Rijhan Yadav resident of village - Basudeopur, P.S.- Bahadurpur, Distric- Darbhanga.
2. Sunil Kumar Das son of Digambar Lal Das resident of village - Hanumannagar, Navratan Tola, P.S.- Rahika, District- Madhubani.
3. Shashi Kant Mallik son of Late Shukhdeo Naraian Mallik resident of village - Mirtuzapur, P.S.- Bahera, District- Darbhanga.
4. Surendra Kumar Das S/O Late Umakant Lal Das resident of village - Ujan Tola, Brahmpur, P.S.- Saketpur, District- Darbhanga. .... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No.1533 of 2010
IN
Civil Writ Jurisdiction Case No. 9752 of 2009 With
Interlocutory Application No. 8626 of 2010 In
Letters Patent Appeal No. 1533 of 2010
======================================================
1. The State of Bihar through the Director-In-Chief, Health Services, Bihar, Patna.
2. The Deputy Director (Admn), Health Services, Bihar, Patna.
3. The Civil Surgeon-Cum-Chief Medical Officer; Samastipur, North Bihar.
4. The Civil Surgeon-Cum-Chief Medical Officer, Gaya, District..- Gaya.
11
5. The In-Charge Medical Officer Additional Primary Health Centre, Bhirha, P.S. and Block- Rosera, District- Samastipur. .... .... Appellants/Respondents
Versus
Madheshwar Ram aged about 44 years son of Late Mallu Ram Posted as Purus Kaksha Sevak (Male Ward Attendant) In Additional Primary Health Centre, Bhirha (Rosera Block), resident of C/O Ashok Kumar Azad, Quarter No. H-3/12 Block, Bihar State Electricity Board, P.S. - Lal Bahadur Shastri Nagar, District- Patna.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1591 of 2010
IN
Civil Writ Jurisdiction Case No. 14354 of 2009 With
Interlocutory Application No. 8854 of 2010 In
Letters Patent Appeal No. 1591 of 2010
======================================================
1. The State of Bihar.
2. The Principal Secretary, Health Department, Bihar, Patna.
3. The Director-In-Chief, Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
5. The In-Charge Medical Officer Primary Health Centre, Benipatti, Distt.- Madhubani.
……..Appellants/Respondents
Versus
Bhuwneshwar Das S/O Late Bilat Das R/O Vill.- Matahi, P.S.- Andhramathha, Distt.- Madhubani.
………….Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1602 of 2010
IN
Civil Writ Jurisdiction Case No. 17310 of 2008
======================================================
1. The State of Bihar.
2. Director, Health Services, Bihar, Patna.
3. Regional Deputy Director, Health Services, Bihar, Patna.
4. Civil Surgeon-Cum-Chief Medical Officer, Madhepura. Appellants/Respondents
Versus
Deep Narayan Mahto S/O Late Sahdeo Mahto, R/O Ward No.1, P.S.Madhepura, Distt-Madhepura.
Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1613 of 2010
IN
Civil Writ Jurisdiction Case No. 8656 of 2009
12
======================================================
1. The State of Bihar through the Principal Secretary, Department of Health Government of Bihar, Patna.
2. The Health Commissioner, Government of Bihar, New Secretariat, Patna-1.
3. The Director-In-Chief, Health Services Government of Bihar, New Secretariat, Patna-1.
4. The Regional Deputy Director, Health Services Government of Bihar, Darbhanga Division, Darbhanga.
5. The Civil Surgeon -cum- Chief Medical Officer Madhubani.
6. The Incharge Medical Officer, Primary Health Centre Ghogharidiha, Distt-Madhubani.
.... .... Appellants/Respondents
Versus
Ram Sewak Prasad S/O Sri Sahdeo Prasad R/O Vill Raghuni Dehat, P.S. Rajnagar, Distt-Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1632 of 2010
IN
Civil Writ Jurisdiction Case No. 16664 of 2009 With
Interlocutory Application No.9003 of 2010 In
Letters Patent Appeal No. 1632 of 2010
======================================================
1. The State Of Bihar.
2. The Principal Secretary Department of Health, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services Department of Health, Government of Bihar, Patna.
4. The Regional Deputy Director Health Services, Darbhanga Division, Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
6. The In-Charge Medical Officer Primary Health Centre, Ghoghardiha, Madhubani.
.... .... Appellants/Respondents
Versus
Ram Udgar Yadav S/O Bhikhari Yadav resident of village Vill.- Mahulia, P.S.- Ghoghardiha, Distt.- Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1633 of 2010
IN
Civil Writ Jurisdiction Case No. 14788 of 2008 With
Interlocutory Application No. 9001 of 2010 In
Letters Patent Appeal No. 1633 of 2010
13
======================================================
1. The State Of Bihar through Secretary Health Department, Government of Bihar, Patna.
2. The Director, Health Services, Government of Bihar, Patna.
3. The Civil Surgeon-Cum-Chief Medical Officer, Patna.
4. The Deputy Superintendent, Sub-Divisional Hospital, Barh.
5. The Deputy Superintendent, A.N.M. School, Barh. .... .... Appellants/Respondents
Versus
Dev Narayan Pandey S/O Mathura Pandey R/O Abhaypur, P.O. And P.S.- Abhaypur, Distt.- Lakhisarai, Bihar, At Present Male Kaksha Attendant (Gharaia Staff), Sub-Divisional Hospital, Barh, Distt.- Patna. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1637 of 2010
IN
Civil Writ Jurisdiction Case No. 13718 of 2009 With
Interlocutory Application No. 8995 2010 In
Letters Patent Appeal No. 1637 of 2010
======================================================
1. The State of Bihar.
2. The Director-In-Chief Health Services, Government of Bihar, Patna.
3. The Director, Health Services Government Of Bihar, Patna.
4. The Deputy Director Health, Darbhanga Division, Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer Madhubani, Distt.- Madhubani.
6. The Superintendent, State Dispensary, Madhubani, Distt.- Madhubani.
7. The In-Charge Medical Officer Primary Health Centre, Ghoghardiha, Madhubani.
.... .... Appellants/Respondents
Versus
Jag Narayan Yadav S/O Late Ram Sharan Yadav R/O Vill.- Bodai, P.S.- Lakhnour, Distt.- Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1649 of 2010
IN
Civil Writ Jurisdiction Case No. 12034 of 2009 With
Interlocutory Application No. 9104 of 2010 In
Letters Patent Appeal No. 1649 of 2010
======================================================
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Commissioner-Cum-Secretary, Department of Health, Government
14
of Bihar, Patna,
4. The Director-In-Chief, Health Services, Government Of Bihar, Patna,
5. The Regional Dy. Director, Health Services Tirhut Division, Government Of Bihar, Muzaffarpur,
6. The Civil Surgeon-Cum-Chief Medical Officer West Champaran, Bettiah,
7. The In-Charge Medical Officer Primary Health Centre-Cum-Referral Hospital, Lauria, West Champaran,
8. The In-Charge Medical Officer Primary Health Centre, Majhaulia, West Champaran,
.... .... Appellants/Respondents
Versus
Girija Devi D/O Munni Lal R/O Mohalla- Kalibagh, P.S.- Bettiah Town, Distt.- West Champaran, At Present W/O Ambika Prasad, R/O Banowa Tola Balbagh, P.S.- Bettiah Town, P.O.- Bettiah, Distt.- West Champaran. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1652 of 2010
IN
Civil Writ Jurisdiction Case No. 4592 of 2008 With
Interlocutory Application No. 9109 of 2010 In
Letters Patent Appeal No. 1652 of 2010
======================================================
1. The State of Bihar through the Commissioner-Cum-Secretary Department of Health, Family Welfare, Government Of Bihar, New Secretariat, Patna.
2. The Director-In-Chief Health Services, Government of Bihar, New Secretariat, Patna.
3. The Director, Health Services, Government of Bihar, Patna.
4. The Regional Deputy Director of Health Services Magadh Range, Magadh Division, Gaya.
5. The Civil Surgeon-Cum-Chief Medical Officer, Nawada.
6. The In-Charge Medical Officer, Additional Primary Health Services, Warsaliganj, P.S.- Warsaliganj, Distt.- Nawada.
.... .... Appellants/Respondents
Versus
Shiv Kumar Prasad S/O Sri Yadunandan Mahto R/O Vill. + P.O.- Paingri, P.S.- Warsaliganj, Distt.- Nawada.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1655 of 2010
IN
Civil Writ Jurisdiction Case No. 15500 of 2009
======================================================
1. The State Of Bihar.
2. The Director-In-Chief Health Services, Government of Bihar, Patna.
3. The Director, Health Services, Government of Bihar, Patna.
15
4. The Deputy Director, Health, Darbhanga Division, Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer Madhubani, Distt.- Madhubani.
6. The Superintendent, State Dispensary, Madhubani, Distt.- Madhubani.
7. The In-Charge Medical Officer Primary Health Centre, Ghoghardiha, Madhubani.
.... .... Appellants/Respondents
Versus
Birendra Narayan Lal S/O Sri Bindeshwar Yadav R/O Vill.- Chapram, P.S.- Madhepur, Distt.- Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1680 of 2010
IN
Civil Writ Jurisdiction Case No. 15515 of 2009 With
Interlocutory Application No. 9237 of 2010 In
Letters Patent Appeal No. 1680 of 2010
======================================================
1. The State of Bihar.
2. The Director-In-Chief Health Services, Government of Bihar, Patna.
3. The Director, Health Services, Government of Bihar, Patna.
4. The Deputy Director, Health, Darbhanga Division, Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer Madhubani, Distt.- Madhubani.
6. The Superintendent State Dispensary Madhubani, Distt.- Madhubani.
7. The In-Charge Medical Officer Primary Health Centre, Ghoghardiha, Madhubani.
.... .... Appellants/Respondents
Versus
1. Kapildeo Prasad S/O Nasib Lal Yadav R/O Vill.- Chapram, P.O.- Tardiha, P.S.- Madhepur, Distt.- Madhubani.
2. Surendra Prasad S/O Sri Kushum Lal Yadav R/O Vill.- Pauni, P.O.- Tardiha, P.S.- Madhepur, Distt.- Madhubani.
3. Shivajee Kumar Yadav S/O Sri Ramwatar Yadav R/O Vill.- Pauni, P.O.- Tardiha, P.S.- Madhepur, Distt.- Madhubani. .... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No.1695 of 2010
IN
Civil Writ Jurisdiction Case No. 15939 of 2009 With
Interlocutory Application No. 9281 of 2010 In
Letters Patent Appeal No.1695 of 2010
======================================================
1. The State of Bihar.
2. The Secretary Department of Health, Government of Bihar, Patna.
16
3. The Director-In-Chief, Health Services, Bihar.
4. The Civil Surgeon-Cum-Chief Medical Officer, Gaya. .... .... Appellants/Respondents
Versus
1. Manoj Kumar S/O Shri Ramdhan Rajak resident of Mohalla - Ramana Road, P.S.- Civil Lines, Distt.- Gaya
2. Mohammad Nazeer Akhtar S/O Md. Abdul Hamid R/O Vill.- Rawara, P.S.- Belaganj, Distt.- Gaya.
3. Mohammad Shamim Akhtar S/O Md. Hamid Mian R/O Vill.- Rawara, P.S.- Belaganj, Distt.- Gaya.
4. Ehteshamuddin S/O Md. Hafiz R/O Vill.- Nimchak, P.S.- Belaganj, Distt.- Gaya.
.... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No.1698 of 2010
IN
Civil Writ Jurisdiction Case No. 5016 of 2009 With
Interlocutory Application No. 9277 of 2010 In
Letters Patent Appeal No. 1698 of 2010
======================================================
1. The State Of Bihar through the Secretary, Health and Family Welfare, Government of Bihar, New Secretariat, Bailey Road, Patna.
2. The Director-In-Chief Health Services, Bihar, Patna.
3. The Special Secretary, Health Department, Bihar, Patna.
4. The Deputy Secretary, Health Department, Bihar, Patna.
5. The Deputy Director, Health Services, Bihar, Patna. .... .... Appellants/Respondents
Versus
Baldeo Prasad S/O Shri Deo Sharan Prasad R/O Vill.- Hirdan Bigha, P.S.- Harnaut, Distt.- Nalanda.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1700 of 2010
IN
Civil Writ Jurisdiction Case No. 7817 of 2009 With
Interlocutory Application No. 9273 of 2010 In
Letters Patent Appeal No. 1700 of 2010
======================================================
1. The State of Bihar.
2. The Principal Secretary, Department of Health, Medical Education And Family Welfare, Government Of Bihar, Patna,
3. The Director-In-Chief Health Services, Bihar, Patna.
4. The Deputy Secretary, Health Services, Bihar, Patna.
5. The Additional Secretary, Health Services, Bihar, Patna.
6. The Joint Director, Health Services, Bihar, Patna,
7. The Deputy Director, Health Service, Bihar, Patna,
17
8. The Regional Deputy Director Health Services, Magadh Commissionery, Gaya.
9. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad. .... .... Appellants/Respondents
Versus
1. Dular Chand Gupta @ Dular Chand Prasad Gupta S/O Sri Nagdeo Prasad Gupta R/O Vill.- Pahleja, P.S.- Dehri On Sone, Distt.- Rohtas.
2. Rajkumari Devi W/O Sri Kedar Prasad R/O Mohalla- New Area, P.S.- Aurangabad, Distt.- Aurangabad.
.... .... Respondenst/Petitioners
====================================================== With
Letters Patent Appeal No.1718 of 2010
IN
Civil Writ Jurisdiction Case No. 7637 of 2009 With
Interlocutory Application No. 9370 of 2010 In
Letters Patent Appeal No. 1718 of 2010
======================================================
1. The State Of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2. The Director-In-Chief, Health Services, Government of Bihar, Patna.
3. The Civil Surgeon-Cum-Chief Medical Officer, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Hazaribagh, Jharkhand.
5. The In-Charge Medical Officer, Primary Health Centre, Naubatpur, Distt.- Patna.
6. The In-Charge Medical Officer Primary Health Centre, Simaria, Chatra, Jharkhand
.... .... Appellants/Respondents
Versus
Kapildeo Ram S/O Late Daroga Ram R/O New Yarpur, P.S.- Gardanibagh, Distt.- Patna.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1743 of 2010
IN
Civil Writ Jurisdiction Case No. 15228 of 2009 With
Interlocutory Application No. 9452 of 2010 In
Letters Patent Appeal No.1743 of 2010
======================================================
1. The State of Bihar.
2. The Director-In-Chief, Health Services, Government of Bihar, Patna.
3. The Director, Health Services, Government of Bihar, Patna.
4. The Deputy Director, Health, Darbhanga Division, Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani, Distt.- Madhubani.
6. The Superintendent State Dispensary, Madhubani, Distt.- Madhubani.
18
7. The In-Charge Medical Officer, Primary Health Centre, Jay Nagar, Madhubani .
.... .... Appellants/Respondents
Versus
Jibachh Yadav, son of Late Lakshmi Narayan Yadav, resident of village- Bodai, P.S.- Lakhnour, District- Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1763 of 2010
IN
Civil Writ Jurisdiction Case No. 15159 of 2009 With
Interlocutory Application No. 9495 of 2010 In
Letters Patent Appeal No.1763 of 2010
======================================================
1. The State of Bihar.
2. The Director-In-Chief Health Services, Government of Bihar, Patna.
3. The Director, Health Services, Government of Bihar, Patna.
4. The Deputy Director Health, Darbhanga Division, Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer Madhubani, Distt.- Madhubani.
6. The Superintendent State Dispensary, Madhubani, Distt.- Madhubani.
7. The In-Charge Medical Officer, Primary Health Centre, Ghoghardiha, Madhubani .
.... .... Appellants/Respondents
Versus
Ram Babu Yadav S/O Late Bhagwandatta Yadav resident of village - Baskhora, P.S.- Marauna, Distt.- Supaul.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1856 of 2010
IN
Civil Writ Jurisdiction Case No. 8866 of 2009 With
Interlocutory Application No. 9819 of 2010 In
Letters Patent Appeal No. 1856 of 2010
======================================================
1. The State of Bihar.
2. Chief Secretary, Bihar, Patna.
3. Secretary, Health Deptt., Bihar, Patna.
4. Director, Secretary, Health Deptt., Bihar, Patna.
5. District Magistrate, Araria, Bihar.
6. Civil Surgeon-Cum-Chief Medical Officer, Araria, Distt. Araria, Bihar. .... .... Appellants/Respondents
Versus
Md.Abdul Mannan@ Abdul Mannan S/O Sk. Safedul Rahman R/O Vill.Ajhawa, P.S.Jokihat, Distt.Araria.
19
.... .... Respondent/Petitioner ====================================================== With
Letters Patent Appeal No.1869 of 2010
IN
Civil Writ Jurisdiction Case No. 6772 of 2009 With
Interlocutory Application No. 9859 of 2010 In
Letters Patent Appeal No. 1869 of 2010
======================================================
1. The State Of Bihar.
2. The Director, Health Services, Government Of Bihar, Patna.
3. The Civil Surgeon-Cum-Chief Medical Officer, Araria. .... .... Appellants/Respondents
Versus
Bimal Kumar Singh S/O Late Kharagdhari Singh R/O Tarbi, P.O.- Tarbi, P.S.- Plasi, Distt.- Araria, At Present Posted as Basic Health Worker, Primary Health Centre, Jokihat, Distt.- Araria.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1870 of 2010
IN
Civil Writ Jurisdiction Case No. 9877 of 2008 With
Interlocutory Application No. 9861 of 2010 In
Letters Patent Appeal No. 1870 of 2010
======================================================
1. The State of Bihar through the Principal Secretary-Cum-Commissioner Department of Health, Government of Bihar, Patna.
2. The Director-In-Chief Health Services, Government of Bihar, Patna.
3. The District Magistrate, Jehanabad.
4. The Civil Surgeon-Cum-Chief Medical Officer, Jehanabad .
5. The Civil Surgeon-Cum-Chief Medical Officer, Arwal.
6. The Additional Chief Medical Officer, Jehanabad.
7. The Deputy Superintendent Sub-Divisional Hospital, Jehanabad.
8. The In-Charge Medical Officer Primary Health Centre, Karpi, Distt.- Arwal.
.... .... Appellants/Respondents
Versus
Birendra Kumar Verma S/O Sheo Prasad Verma R/O Vill.- Janakpur, P.S.- Mananpur In the District of Gaya.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1923 of 2010
IN
Civil Writ Jurisdiction Case No. 13830 of 2009 With
20
Interlocutory Application No. 10072 of 2010 In
Letters Patent Appeal No. 1923 of 2010
======================================================
1. The State of Bihar.
2. The Chief Secretary, Government of Bihar, New Secretariat, Patna.
3. The Commissioner-cum-Secretary, Health Department, Govt. of Bihar, Patna.
4. The Civil Surgeon-cum-Chief Medical Officer, Madhubani, Distt. Madhubani.
5. The Incharge Medical Officer, Primary Health Centre, Ghodhardiha, P.S. Ghodhardiha, Distt. Madhubani.
.... .... Appellants/Respondents
Versus
Binod Kumar, son of Sri Jiwach Yadav, resident of village Bhargama, P.S. Bheja, Distt. Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.2028 of 2010
IN
Civil Writ Jurisdiction Case No. 11016 of 2008 With
Interlocutory Application No.10676 of 2010 In
Letters Patent Appeal No. 2028 of 2010
======================================================
1. The State Of Bihar through the Chief Secretary, Bihar, Patna
2. The Secretary, Health Department, Government of Bihar, Patna
3. The Director-In-Chief, Health Department, Government Of Bihar, Patna
4. The District Magistrate Araria, District- Araria
5. The Civil Surgeon-Cum-Chief Medical Officer, Araria, District- Araria .... .... Appellants/Respondents
Versus
Md. Mashiur Rahman S/O Managing Director..Jamiluddin, resident of village - Simeria Artiya, P.S.- Jokihat, District- Araria .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.2031 of 2010
IN
Civil Writ Jurisdiction Case No. 7198 of 2009 With
Interlocutory Application No.10681 of 2010 In
Letters Patent Appeal No.2031 of 2010
======================================================
1. The State of Bihar, through the Director-In-Chie,f Health Services, Bihar, Patna
2. The Civil Surgeon-Cum-Chief Medical Officer, Nalanda, Bihar
3. The Civil Surgeon-Cum-Chief Medical Officer, Jehanabad, Bihar
21
4. The In-Charge Medical Officer, Leprosy Control Unit, Jehanabad, Bihar
.... .... Appellants/Respondents
Versus
Lal Babu Singh S/O Late Sakaldeo Singh as Non Medical Assistant Leprosy Control Unit, Jehanabad, resident of Mohalla - Ramji Chak, Digha, Police Station- Digha, District- Patna
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.3 of 2011
IN
Civil Writ Jurisdiction Case No. 18613 of 2008 With
Interlocutory Application No.30 of 2011 In
Letters Patent Appeal No.3 of 2011
======================================================
1. The State Of Bihar through the Chief Secretary of Bihar Government, Patna.
2. The Principal Secretary, Department Of Health and Family Welfare Department, Government of Bihar, Patna.
3. The Director-I-Chief, Health Services, Bihar, Patna.
4. The Deputy Director, Health Services, Bihar, Patna.
5. The Assistant Director, Health Services, Falaria Control, Bihar, Patna Having its Office at Swasthya Bhawan, Sultanganj, Patna. .... .... Appellants/Respondents
Versus
Arvind Kumar Singh @ Arvind Kumar S/O Ram Swaroop Singh, resident Of Village- Ziauddin Chak, P.S- Dhanarua, District- Patna .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.13 of 2011
IN
Civil Writ Jurisdiction Case No. 7622 of 2009 With
Interlocutory Application No.64 of 2011 In
Letters Patent Appeal No.13 of 2011
======================================================
1. The State Of Bihar
2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.
3. The Commissioner-cum-Secretary, Health Department, Government of Bihar, Patna.
4. The Civil Surgeon-cum-Chief Medical Officer, Madhubani.
5. The In-Charge, District Leprosy Officer, Leprosy Control Unit, Madhubani, District Madhubani.
.... .... Appellants/Respondents
Versus
Sunil Kumar S/O Shri Surya Narayan Yadav, resident of Village and P.O. Nahas Rupauli, Police Station Bisfi, District Madhubani.
22
.... .... Respondent/Petitioner ====================================================== With
Letters Patent Appeal No.27 of 2011
IN
Civil Writ Jurisdiction Case No.15716 of 2008 With
Interlocutory Application Nio.137 of 2011 In
Letters Patent Appeal No.27 of 2011
======================================================
1. The State of Bihar
2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.
3. The Commissioner-Cum-Secretary, Government Of Bihar, Patna
4. The Director, Health Services (Fileria ), Control Bihar, Patna
5. The Assistant Director, Health Services Fileria Control, Bihar, Patna
6. The Civil Surgeon-Cum- Chief Medical Officer, Patna.
7. The Filaria Officer, Filaria Control Unit, Patna .... .... Appellants/Respondents
Versus
Sudhir Kumar Singh S/O Sri Sheonath Sing, resident Of Village- Kahthu, Post Office Kahthu, P.S- Jagdishpur, District- Bhojpur At Arrah. .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.80 of 2011
IN
Civil Writ Jurisdiction Case No. 12155 of 2009 With
Interlocutory Application No.369 of 2011 In
Letters Patent Appeal No.80 of 2011
======================================================
1. The State Of Bihar, through the Secretary-Cum-Commissioner, Health Department, Government of Bihar, Patna
2. The Additional Secretary, Health Department, Government of Bihar, Patna
3. The Director-In-Chief, Health Services, Government of Bihar, Patna
4. The Civil Surgeon-Cum Chief Medical Officer, Bhojpur at Arrah
5. The In-Charge Medical Officer, Primary Health Centre, Piro, District- Bhojpur (Arrah)
.... .... Appellants/Respondents
Versus
Rajendra Mochi S/O Late Ram Bilash Mochi, resident of village - Shiva Bigha, Post Office- Bara, Police Station- Tekari, District- Gaya .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.175 of 2011
IN
Civil Writ Jurisdiction Case No.14333 of 2009 With
23
Interlocutory Application No.767 of 2011 In
Letters Patent Appeal No.175 of 2011
======================================================
1. The State Of Bihar, through the Director-in-Chief, Health Services, Bihar, Patna.
2. The Commissioner-cum-Secretary, Health Services, Bihar, Patna.
3. The Deputy Director, Health Services, Bihar, Patna.
4. The Regional Deputy Director, Health Services, Bihar, Patna.
5. The Civil Surgeon-cum-Chief Medical Officer, Madhubani, North Bihar.
6. The In-charge, Primary Health Centre, Chhatauni, Madhubani, North Bihar.
.... .... Appellants/Respondents
Versus
Ajay Kumar, Aged about 50 years, son of Mahendra Kumar, Health Educator, Primary health Centre, Chhotauni, Basopatti, Madhubani, Present address resident of village - Patnukka, P.S.- Nanpur, District- Sitamarhi. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.176 of 2011
IN
Civil Writ Jurisdiction Case No. 14409 of 2009
======================================================
1. The State of Bihar, through the Director-in-Chief, Health Services, Bihar, Patna.
2. The Civil Surgeon-cum-Chief Medical Officer, Madhubani.
3. The In-charge, Medical Officer, Primary Health Centre, Ghoghardiha, District- Madhubani.
.... .... Appellants/Respondents
Versus
Rabindra Kumar Choudhary, son of Sri Jaggannath Chudhary, resident of village- Shahpur, P.S.- Pandol, District- Madhubani, Posted as Vaccinator Class IV post at P.H.C. Ghodharhida, Madhubani.
.... .... Respondent/ Petitioner
====================================================== With
Letters Patent Appeal No.291 of 2011
IN
Civil Writ Jurisdiction Case No.7279 of 2009 With
Interlocutory Application No.1270 of 2011 In
Letters Patent Appeal No.291 of 2011
======================================================
1. The State Of Bihar through the Secretary-cum-Commissioner, Department of Health, Govt. Of Bihar, Patna
2. The Director in Chief Health Services, Govt. Of Bihar, Patna
3. The Director, Health Services, Govt. Of Bihar, Patna
4. The Regional Deputy Director, Health Services, Magadh Division, Gaya
24
5. The Civil Surgeon- Cum-Chief Medical Officer Jehanabad
6. The Incharge Medical Officer, Primary Health Centre, Chandi in the Distt. Of Jehanabad.
.... .... Appellants/Respondents
Versus
Dina Nath Prasad S/O Dukh Haron Mahto R/O Vill.-Birnama, P.S.-Chandi, Nalanda
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.330 of 2011
IN
Civil Writ Jurisdiction Case No.14951 of 2009 With
Interlocutory Application No.1418 of 2011 In
Letters Patent Appeal No.330 of 2011
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary -cum-Commissioner, Department of Health, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Director, Health Services, Government of Bihar, Patna.
5. The Regional Deputy Director, Health Services, Patna Division, Patna. .... .... Appellants/Respondents
Versus
Anil Kumar Singh, son of Sri Harbansh Singh, resident of village- Barhara, P.S.- Bhera, District- Gopalganj.
.... .... Respondent/ Petitioner.
====================================================== With
Letters Patent Appeal No.504 of 2011
IN
Civil Writ Jurisdiction Case No.7065 of 2009 With
Interlocutory Application No.2243 of 2011 In
Letters Patent Appeal No.504 of 2011
======================================================
1. The State Of Bihar through the Principal Secretary, Department Of Health, Medical Education and Family Welfare, Government Of Bihar, Patna
2. The Director-In-Chief, Health Services, Government Of Bihar, Patna
3. The Assistant Director, Health Services (Filaria Control), Government Of Bihar, Patna
4. The Civil Surgeon-Cum-Chief Medical Officer, Muzaffarpur
5. The District Filaria Officer, Filaria Control Unit, Muzaffarpur .... .... Appellants/Respondents
Versus
Banshidhar Jha Son Of Late Kantir Jha, resident Of Village Haithiwali, P.S.
25
Jhanjharpur, District Madhubani .... .... Respondent/Petitioner ====================================================== With
Letters Patent Appeal No.513 of 2011
IN
Civil Writ Jurisdiction Case No.14350 of 2007 With
Interlocutory Application No.2287 of 2011 In
Letters Patent Appeal No.513 of 2011
======================================================
1. The State Of Bihar through the Secretary, Department of Health, Government of Bihar, Patna.
2. The Director-In-Chief, Health Services, Government of Bihar, Patna.
3. The Regional Deputy Director, Health Services, Purnea Division, Government of Bihar, Patna.
4. The Divisional Commissioner, Purnea Division, Purnea.
5. The District Magistrate, Madhubani.
6. The Civil Surgeon-Cum- Chief Medical Officer, Purnea.
7. The Incharge Medical Officer, Primary Health Centre, Kasba, District- Purnea.
8. The Members of Constituted Committee, Health Services, Government of Bihar, Patna.
.... .... Appellants/Respondents s
Versus
Bikram Kumar Singh S/O Late Brahmdeo Prasad Singh Resident Of Village/Mohalla- Bhatta Bazar, P.S.K. Hat, District- Purnea. ... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.560 of 2011
IN
Civil Writ Jurisdiction Case No.18857 of 2008 With
Interlocutory Application No. 2518 of 2011 In
Letters Patent Appeal No. 560 of 2011
======================================================
1. The State of Bihar through the Chief Secretary of Bihar Government, Patna.
2. The Principal Secretary, Department of Health and Family Welfare Department, Government of Bihar, Patna.
3. The Director-in-Chief, Health Services, Bihar, Patna.
4. The Deputy Director, Health Services, Bihar, Patna.
5. The Assistant Director, Health Services, Filaria Control, Bihar, Patna having its office at Swasthya Bhavan, Sultanganj, Patna. .... .... Appellants/ Respondents.
Versus
Gopal Prasad, son of Nand Kishore Prasad, resident of village- Haseni, Post Office- Larapur, P.S.- Islampur, District- Nalanda, 803116. .... .... Respondent/Petitioner
26
====================================================== With
Letters Patent Appeal No. 664 of 2011
IN
Civil Writ Jurisdiction Case No.16340 of 2009 With
Interlocutory Application No. 3040 of 2011 In
Letters Patent Appeal No. 664 of 2011
======================================================
1. The State of Bihar, through the Principal Secretary, Deptt. Of Health, Government of Bihar, Patna.
2. The Director-in-Chief, Health Services, Government of Bihar, Patna.
3. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga.
4. The Incharge Medical Officer, Primary Health Centre, Baheri, Darbhanga.
.... .... Respondents-Appellants
Versus
Chandramani Kumari, Wife of Sri Shiv Chandra Prasad, resident of village- Dariyapur, P.S.- Parwalpur, District- Nalanda.
.... .... Petitioner-Respondent
====================================================== With
Letters Patent Appeal No. 925 of 2011
IN
Civil Writ Jurisdiction Case No.19024 of 2008 With
Interlocutory Application No. 4000 of 2011 In
Letters Patent Appeal No. 925 of 2011
======================================================
1. The State of Bihar through Commissioner-cum-Secretary, Department of Health, Government of Bihar, Patna.
2. The Assistant Director, Filaria Control, Department of Health, Government of Bihar, Patna.
3. The Civil Surgeon-cum-Chief Medical Officer, Department of Health, Government of Bihar, Patna.
.... .... Respondents/Appellants
Versus
Ram Ashish Prasad, son of Late Ram Sharan Rai, resident of village- Daudpur Thakurbari, P.S.-Shahpur, District- Patna. .... .... Petitioner- Respondent
====================================================== With
Letters Patent Appeal No. 1160 of 2011
IN
Civil Writ Jurisdiction Case No.6918 of 2009 With
Interlocutory Application No. 5630 of 2011 In
Letters Patent Appeal No. 1160 of 2011
27
======================================================
1. The State of Bihar through the Secretary-Cum-Commissioner Health and Family Welfare, Government of Bihar, Patna.
2. The Director- in- Chief, Health Services Government of Bihar, New Secretariat, Patna.
3. The Director, Health Services, Government of Bihar, New Secretariat, Patna.
4. The Regional Deputy Director Health Services, Magadh Division, Gaya.
5. The Civil Surgeon Cum Chief Medical Officer, Jehanabad, Arwal.
6. The In-Charge Medical Officer Additional Health Centre, Parasi Bazar, in the District of Arwal.
.... .... Appellants-Respondents
Versus
Raushan Kumar S/O Late Tara Shankar Prasad resident of village- Navigodam, Gaya, P.S.- Kotwali Chowk, District- Gaya. .... .... Respondent-Petitioner
====================================================== With
Letters Patent Appeal No. 1263 of 2011
IN
Civil Writ Jurisdiction Case No.14682 of 2009
======================================================
1. The State of Bihar.
2. The Principal Secretary, Health Department, Bihar, Patna .
3. The Director - In - Chief, Health Services, Bihar, Patna.
4. The Civil Surgeon - Cum - Chief Medical Officer, Madhubani .
5. The Incharge Medical Officer, Primary Health Centre Benipur, District- Darbhanga
.... .... Respondents-Appellants
Versus
Munni Kumari W/O Sri Kapil Prasad resident of village - Korni, P.O. & P.S. Harnaut, District-Nalanda, at present Munni Kumari C/O Sri Ashok Kumar resident of village- Bhasin Bigha, P.O. Tulsigarh, District- Nalanda. .... .... Petitioner-Respondent
====================================================== With
Letters Patent Appeal No. 1301 of 2011
IN
Civil Writ Jurisdiction Case No.17090 of 2007
======================================================
1. The State of Bihar.
2. The Secretary, Department of Health Service, Government 0f Bihar, Patna.
3. The Director - In - Chief, Health Services, Government of Bihar, Patna.
4. The Additional Director, Health Services, Government of Bihar, Patna.
5. The Deputy Director, Health Services, Government of Bihar, Patna.
6. The Civil Surgeon - Cum - Chief Medical Officer, Patna, District Patna.
7. The Civil Surgeon - Cum - Chief Medical Officer, Saharsa. .... .... -Appellants- Respondents
Versus
Umesh Prasad Singh @ Umesh Prasad Sinha aged about years S/O Late
28
Baijendra Prasad Singh resident of village -Simra, Police Station Parsa Bazar, District Patna.
.... .... Respondent-petitioner
====================================================== With
Letters Patent Appeal No. 1407 of 2011
IN
Civil Writ Jurisdiction Case No.6592 of 2009
======================================================
1. The State of Bihar, through the Chief Secretary Government of Bihar, Patna.
2. The Commissioner-Cum-Secretary Department of Health and Family Welfare, Government of Bihar, Patna.
3. The Director in Chief Health Services, Government of Bihar, Patna.
4. The Regional Deputy Director Health Services, Magadh Division, Gaya.
5. The Civil Surgeon-Cum- Chief Medical Officer, Aurangabad. .... .... -Appellants- Respondents
Versus
Vijay Kumar Singh Son of Sri Kailash Prasad Resident of Village- Gamharpur, Police Station- Ghosi, District- Jehanabad. .... .... Respondent-Petitioner
====================================================== With
Letters Patent Appeal No. 1414 of 2011
IN
Civil Writ Jurisdiction Case No.16611 of 2007 With
Interlocutory Application No. 6796 of 2011 In
Letters Patent Appeal No. 1414 of 2011
======================================================
1. The State of Bihar.
2. The Secretary, Health Department, Bihar, Patna.
3. The Director-in-Chief, Health Services, Bihar, Patna.
4. The Civil Surgeon-cum-Chief Medical Officer, Saharsa. .... .... Appellants- Respondents.
Versus
Kailash Nath Jha, son of Dina Nath Jha, resident of village- Hulash, P.S.- Raghopur, District- Supaul.
.... .... Respondent/Petitioner.
====================================================== With
Letters Patent Appeal No. 1537 of 2011
IN
Civil Writ Jurisdiction Case No.13865 of 2009
======================================================
1. The State 0f Bihar through the Director-In-Chief Health Services Bihar, Patna.
2. The Commissioner -Cum-Secretary Health Services Bihar, Patna.
3. The Regional Deputy Director , Health Services Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer Darbhanga.
5. The Civil Surgeon-Cum-Chief Medical Officer Madhubani.
29
6. The Incharge Medical Officer, Additional Primary Health Centre Sishwar Ghoghardiha, District-Madhubani.
.... .... Respondents-Appellants
Versus
Pradeep Kumar Thakur S/O Sri Suresh Thakur posted as Health Educator, Additional Primary Health Centre Sishwar Ghoghardiha, Madhubani Presently Resident of Village-Brahmpura, P.S. Arer, District-Madhubani .... .... Petitioner-Respondent
====================================================== With
Letters Patent Appeal No. 1575 of 2011
IN
Civil Writ Jurisdiction Case No.14963 of 2009
======================================================
1. The State of Bihar.
2. The Principal Secretary, Health Department, Bihar, Patna.
3. The Director-In-Chief, Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
5. The In-Charge Medical Officer, Primary Health Centre, Ghoghardiha, District Madhubani.
.... .... -Appellants- Respondents
Versus
Ganesh Yadav Son of Sri Surya Narayan Yadav Resident of Village Kasiyam, Post Office Umari, Police Station Lakhanpur, District Madhubani. .... .... Respondent-Petitioner
====================================================== With
Letters Patent Appeal No. 1582 of 2011
IN
Civil Writ Jurisdiction Case No.15152 of 2009
======================================================
1. The State of Bihar through the Director-in-Chief, Health Services, Biahr, Patna.
2. The Regional Deputy Director, Darbhanga Division, Darbhanga.
3. The Civil Surgeon-cum-Chief Medical Officer, Madhubani.
4. The In-charge Medical Officer, Primary Health Centre, Ghoghardiha, District- Madhubani.
.... .... Appellants/ Respondents
Versus
Ramesh Prasad Sah, aged about 46 years, son of Late Gunjan Sah, resident of village- Saranpur, P.S.- Tarabari, District- Araria. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1588 of 2011
IN
Civil Writ Jurisdiction Case No.17225 of 2008
======================================================
1. The State of Bihar through the Principal Secretary Health, Govt. Of Bihar, Patna.
2. The Principal Secretary-cum-Commissioner Health Medical Education and Family Welfare Department, Govt. of Bihar, Patna.
30
3. The Director-In-Chief Helath Services, Govt. Of Bihar, Patna.
4. The Regional Deputy Director Health Services, Magadh Division, Gaya.
5. The Civil Surgeon-Cum-Chief Medical Officer Aurangabad. .... .... Appellants/ Respondents
Versus
Krishna Singh S/O Late Sahdeo Singh resident of village -Gangati, P.S.- Aurangabad, District- Aurangabad (Bihar)
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1594 of 2011
IN
Civil Writ Jurisdiction Case No.15147 of 2009
======================================================
1. The State of Bihar.
2. The Principal Secretary Health Department, Bihar, Patna.
3. The Director-In-Chief Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer Madhubani.
5. The In-Chare Medical Officer Primary Health Centre, Ghoghardiha, Madhubani.
.... .... Appellants/ Respondents
Versus
1. Nityanand Mishra S/O Sri Ganesh Mishra resident of village - Shyamaidhap, P.S.-Babubarhi, Madhubani.
2. Jai Mangal Pandey S/O Sri Tarkeshwar Pandey resident of village - Laxmipur, P.S.-Pandaul, Madhubani.
.... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No.1682 of 2011
IN
Civil Writ Jurisdiction Case No.13835 of 2009
======================================================
1. The State of Bihar.
2. The Chief Secretary Government of Bihar, Old Secretariat, Patna.
3. The Commissioner-Cum-Secretary Health Department, Government of Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer Madhubani, District- Madhubani.
5. The In-Charge Medical Officer Primary Health Centre, Ghodhardiha, Police Station- Ghodhardiha, District- Madhubani. .... .... Appellants/ Respondents
Versus
Chandra Shekhar Singh S/O Late Kamla Prasad Singh resident of village - Ramdauli, Police Station- Bidupur, District- Vaishali at Hajipur. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1684 of 2011
IN
Civil Writ Jurisdiction Case No.15130 of 2008
======================================================
31
1. The State of Bihar.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Commissioner-Cum-Secretary Health Department, Government of Bihar, Patna.
4. The Director, Health Services (Filaria Control), Health Department, Bihar, Patna.
5. The Director-In-Chief Health Services, Health Department, Bihar, Patna.
6. The Civil Surgeon-Cum-Chief Medical Officer, Sheikhpura, District- Sheikhpura.
7. The In-Charge Medical Officer Primary Health Centre, Ghat Koshumbha, Sheikhpura, District- Sheikhpura.
8. The Assistant Director Health Services (Filaria Control), Health Department, Bihar, Patna.
9. The Regional Deputy Director Health Services, Munger Division, Munger.
10. The Regional Deputy Director Health Services, Bhagalpur Division, Bhagalpur.
.... .... Appellants/ Respondents
Versus
Kedar Prasad Singh S/O Late Gopal Mahto resident of village -Murarpur, P.O.-Katari, P.S.- Korma, District- Sheikhpura.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No.1712 of 2011
IN
Civil Writ Jurisdiction Case No.15142 of 2009
======================================================
1. The State of Bihar through the Director-In-Chief Health Services, Bihar, Patna.
2. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
3. The In-Charge Medical Officer, Primary Health Centre, Ghoghardiha, Madhubani.
.... .... Appellants/ Respondents
Versus
Digembar Yadav aged about 41 years S/O Sri Saukhi Yadav resident of village - Darima, Police Station- Keoti, District- Darbhanga. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1872 of 2011
IN
Civil Writ Jurisdiction Case No.1438 of 2010
======================================================
1. The State of Bihar through the Director-In-Chief, Health Services, Bihar, Patna.
2. The Chief Malaria Officer, Bihar, Patna.
3. The In-Charge, District Malaraia Officer, Bettiah, East Champaran. ... .... Respondents/Appellants
Versus
Basudeo Sah S/O Late Ram Narayan Sah posted as Labour (Field Worker
32
Class-IV) in the office of In-Charge District- Malaria Officer, Bettiah, Resident of Village- Bhagarwa, P.S- Manjhlia, District- West Champaran. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1886 of 2011
IN
Civil Writ Jurisdiction Case No.10985 of 2008
======================================================
1. The State of Bihar, through the Director-In-Chief, Health Services, Bihar, Patna.
2. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani .
3. The In-Charge Additional Primary Health Centre, Chauri (Rahika), Madhubani.
.... .... Appellants/ Respondents
Versus
Chanrakant Mahato aged about 48 years Son of Shyam Sundar Mahato, posted as Health Educator, Additional Primary Health Centre, Simari (Bisfi), Madhubani Resident of Birne Via Pindaruchh, District, P.O. Maihiyama, P.S. Kantaul, Madhubani.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1898 of 2011
IN
Civil Writ Jurisdiction Case No. 6686 of 2009
======================================================
1. The State of Bihar.
2. The Chief Secretary, Bihar Patna.
3. The Secretary-Cum-Commissioner, Health Medical Education and Family Welfare, Government of Bihar, Patna.
4. The Director-In-Chief, Health Services, Government of Bihar, Patna.
5. The Regional Deputy Director, Health Services, Magadh Division, Gaya, District- Gaya.
6. The District Magistrate, Aurangabad, District Aurangabad.
7. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad, District Aurangabad.
.... .... Respondents/Petitioners
Versus
Satyendra Kumar Sharma Son of Sri Harbansh Sharma Resident of Village and Post Office- Hati, Police Station- Kako, District - Jehanabad. .... .... Petitioner-Respondent
====================================================== With
Letters Patent Appeal No. 1924 of 2011
IN
Civil Writ Jurisdiction Case No.10182 of 2009 With
Interlocutory Application No. 8591 of 2011 In
Letters Patent Appeal No. 1924 of 2011
======================================================
33
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary-Cum-Commissioner, Department of Health, Medical and Family Welfare, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Regional Deputy Director, Health Services, Magadh Division, Gaya.
5. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad. .... .... Respondents/Appellants
Versus
Kanchan Kumari Wife of Moti Prasad Resident of Village Kukare, P.O. and P.S. Nabinagar, District Aurangabad.
.... .... Petitioner/ Respondent
====================================================== With
Letters Patent Appeal No. 1926 of 2011
IN
Civil Writ Jurisdiction Case No.7804 of 2009 With
Interlocutory Application No. 8596 of 2011 In
Letters Patent Appeal No. 1926 of 2011
======================================================
1. The State of Bihar, through the Principal Secretary, Health & Family Welfare, Government of Bihar, New Secretariat, Patna.
2. The Enquiry Committee, through its Chairman- cum-Director-In-Chief, Health Services, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Deputy Director, Health Services, Government of Bihar, Patna.
5. The Regional Deputy Director, Health Services, Government of Bihar, New Secretariat, Patna.
6. The Additional Director, Health Services (Administration), Government of Bihar, Patna.
7. The Civil Surgeon-cum-Chief Medical Officer, Government of Bihar, Madhubani.
8. The In-Charge Medical Officer, Primary Health Centre, Madhepur, Madhubani.
.... .... Appellants/ Respondents
Versus
1. Shambhu Nath Thakur Son of Sri Buindeshwar Thakur Resident of Village - Bhour, P.S. - Pandol, District - Madhubani.
2. Binay Kumar Jha Son of Sri Rameshwar Jha Resident of Village - Belmohan Post - Sunain Patauli, P.S. Phoolparas, District - Madhubani.
3. Vishwa Mohan Singh Son of Sri Rajendra Prasad Singh Resident of Village - Fazalchak, P.S. - Gourichak, District - Patna.
4. Anil Kumar Jha Son of Nav Chandra Jha Resident of Village - Moglaha, P.S.- Andhra Tharhi, District - Madhubani.
4 (A) Most. Sangita Devi wife of late Anil Kumar Jha
(B) Kundan Kumar Jha
(C) Nandini Mishra
(D) Neha Kumari
34
(E) Nutan Kumari, All Sons and daughters of Anil Kumar Jha, all residents of village- Moglaha, P.S. Andhara Tharhi, District- Madhubani.
.... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No. 1931 of 2011
IN
Civil Writ Jurisdiction Case No.6675 of 2009
======================================================
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary-Cum-Commissioner, Department of Health, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad. .... .... Respondents/Appellants
Versus
Subodh Kumar Son of Late Rajendra Sharma Resident of Village Malhad, P.S. - Goh, District - Aurangabad.
.... .... Petitioner / Respondent
====================================================== With
Letters Patent Appeal No. 1934 of 2011
IN
Civil Writ Jurisdiction Case No.8333 of 2008
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Commissioner-Cum-Secretary Department of Health and Family Welfare, Government of Bihar, Patna.
3. The Director-In-Chief Health Services, Government of Bihar, Patna.
4. The Deputy Director, Health Services, Bihar, Patna.
5. The Civil Surgeon-Cum-Chief Medical Officer, Saharsa.
6. The Civil Surgeon-Cum-Chief Medical Officer Madhepura.
7. The Superintendent, Sadar Hospital, Madhepura. .... .... Respondents/Appellants
Versus
Jai Nath Das S/O Late Ram Sharan Kamat resident of village and Post Office-Kario, Police Station and District- Supaul. .... .... Petitioner/ Respondent
====================================================== With
Letters Patent Appeal No. 1944 of 2011
IN
Civil Writ Jurisdiction Case No.2285 of 2008
======================================================
1. The State of Bihar.
2. The Commissioner and Secretary Health Department, Government of Bihar, Patna.
3. The Enquiry Committee through its Chairman Cum Director-in-Chief Health Services, Bihar, Patna.
35
4. Director-in-Chief, Health Services, Bihar, Patna.
5. The Regional Deputy Director Health Services, Darbhanga Division, Darbhanga.
6. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga.
7. The Incharge Medical Officer Primary Health Centre, Baheri, District- Darbhanga.
8. The District Magistrate, Darbhanga. .... .... Appellants/ Respondents Versus
Mrs. Priti Kumari W/O Sri Kanshi Lal Choudhary resident of village- Manora, Post Office- Milkichak, Police Station- Bhadurpur, District- Darbhanga.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1964 of 2011
IN
Civil Writ Jurisdiction Case No. 16048 of 2009
======================================================
1. The State of Bihar.
2. The Principal Secretary Health Department, Bihar, Patna.
3. The Director-in-Chief, Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Jehanabad.
5. The In-Charge Medical Officer, Primary Health Centre, Kurtha, District- Jehanabad.
.... .... Respondents/Appellants
Versus
Upendra Dom S/O Yugeshwar Dom resident of village - Kurtha, P.O. and P.S.- Kurtha, District- Jehanabad.
.... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 1967 of 2011
IN
Civil Writ Jurisdiction Case No.16318 of 2007 With
Interlocutory Application No.8711 of 2011 In
In Letters Patent Appeal No. 1967 of 2011
======================================================
1. The State of Bihar.
2. The Secretary, Health Department, Bihar, Patna.
3. The Director-in-Chief, Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Darbhanga. .... .... Respondents/Appellants
Versus
1. Bimla Kumari W/O Vijay Kumar Chaudhary resident of village - Rupauli Ghat, P.S.- Bishanpur, District- Darbhanga.
2. Prabha Kumari W/O Sudhir Roy R/O Village-Namapur, P.S.- Chak Mehsi, District- Samastipur.
.... .... Petitioners / Respondents
======================================================
36
With
Letters Patent Appeal No. 1968 of 2011
IN
Civil Writ Jurisdiction Case No.9730 of 2009 With
Interlocutory Application No. 8709 of 2011 In
Letters Patent Appeal No. 1968 of 2011
======================================================
1. The State of Bihar.
2. The Director, Health Services, Government of Bihar, Patna.
3. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
4. The Civil Surgeon-Cum-Chief Medical Officer, Darbhanga. .... .... Respondents/Appellants
Versus
Amod Kumar Singh S/O Saryug Singh resident of village - Sumbhuar, P.S.- Madhubani, District- Madhubani.
.... .... Petitioner/ Respondent
====================================================== With
Letters Patent Appeal No. 1985 of 2011
IN
Civil Writ Jurisdiction Case No. 2593 of 2008
======================================================
1. The State of Bihar through the Commissioner-Cum-Secretary Department of Health, New Secretariat, Patna.
2. Director-In-Chief Department of Health, New Secretariat, Patna.
3. Director, T.B.D.C., Agam Kuan, Patna-7. .... .... Respondents/Appellants Versus
Uday Narayan Mishra S/O Radhey Shyam Mishra resident of village - Janki Kunj, P.S.- Shakurabad, District- Jehanabad.
.... .... Petitioner-Respondent
====================================================== With
Letters Patent Appeal No. 2027 of 2011
IN
Civil Writ Jurisdiction Case No.14774 of 2009
======================================================
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Health Medical Education and Family Welfare, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Regional Deputy Director, Health Services, Magadh Division, Gaya.
5. The Civil Surgeon - Cum - Chief Medical Officer, Aurangabad. .... .... Respondents/Appellants
Versus
Debi Dayal Singh Son of Late Ram Kewal Singh Resident of Village Sarsi, P.S. - Resiyap, District - Aurangabad.
-----------Respondent-Petitioner
37
====================================================== With
Letters Patent Appeal No. 2047 of 2011
IN
Civil Writ Jurisdiction Case No. 4631 of 2008
======================================================
1. The State of Bihar.
2. The Commissioner-cum Secretary, Health Department, Government of Bihar, Patna.
3. The Chief Malaria Officer, Government of Bihar, Patna.
4. The District Malaria Officer, Bettiah, District- Bettiah. .... .... Appellants/ Respondents
Versus
Braj Bhushan Tiwari S/O Sri Ram Charan Tiwari resident of village - Mamarkha, P.S.- Malahi, District- East Champaran at Motihari. .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 18 of 2012
IN
Civil Writ Jurisdiction Case No.11947 of 2009
======================================================
1. The State of Bihah.
2. The Principal Secretary Health Department, Bihar, Patna.
3. The Director-In-Chief Health Services, Bihar, Patna.
4. The Civil Surgeon-cum-Chief Medical Officer, Madhubani.
5. The In-Charge-Medical Officer Primary Health Centre, Ghoghardiha, District- Madhubani.
.... .... Appellants-Respondents
Versus
Bindu Yadav S/O Late Mahabir Yadav resident of village - Ram Nagar, Police Station- Arer, District- Madhubani.
.... .... Respondent-Petitioner
====================================================== With
Letters Patent Appeal No. 20 of 2012
IN
Civil Writ Jurisdiction Case No.10051 of 2009 With
Interlocutory Application No. 67of 2012 In
Letters Patent Appeal No. 20 of 2012
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary-cum-Commissioner Department of Health, Medical and Family Welfare, Government of Bihar, Patna.
3. The Director-In-Chief Health Services, Government of Bihar, Patna.
4. Regional Dy. Director Health Services, Magadh Division, Gaya.
5. The Civil Surgeon-cum-Chief Medical Officer, Aurangabad. .... .... Respondents/Appellants
38
Versus Anil Kumar Rai S/O Shyam Bhadur Rai resident of village - Tamori, P.O.- Parthu, P.S.- Jamhour, District- Aurangabad.
.... .... Petitioner-Respondent
====================================================== With
Letters Patent Appeal No. 34 of 2012
IN
Civil Writ Jurisdiction Case No.14539 of 2009 With
Interlocutory Application No. 189 of 2012 In
Letters Patent Appeal No. 34 of 2012
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Health Medical Education and Family Welfare, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Regional Deputy Director, Health Services, Magadh Division, Gaya.
5. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad. .... .... .... Respondents/Appellants
Versus
1. Pushpa Kumari D/O Sri Ram Baran Singh resident of village -Nalanda, P.S.- Nalanda, District- Nalanda.
2. Sunil Kumar S/O Rajeshwar Singh resident of village -Sri Rampur, P.S.- Hisua, District- Nawada.
.... .... Petitioners-Respondents
====================================================== With
Letters Patent Appeal No. 84 of 2012
IN
Civil Writ Jurisdiction Case No.1036 of 2009 With
Interlocutory Application No.673 of 2012 In
Letters Patent Appeal No. 84 of 2012
======================================================
1. The State of Bihar.
2. The State of Bihar through the Secretary Health Services, Government of Bihar, New Secretariat, Vikash Bhawan, Patna.
3. The Civil Surgeon-Cum-Chief Medical Officer, Gopalganj.
4. Medical Officer-In-Charge Primary Health Centre, Bijaipur, District- Gopalganj.
5. The Divisional Commissioner, Saran Division, Chapra. .... .... .... Appellants -Respondents Versus
Subhash Prasad S/O Sri Kedar Prasad resident of village - Sahabajpur, Police Station- Awadachak (Dumrama), District - Nalanda. .... .... Respondent- Petitioner
======================================================
39
With
Letters Patent Appeal No. 159 of 2012
IN
Civil Writ Jurisdiction Case No.1059 of 2009
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Health Medical Education and Family Welfare Department, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Deputy Director (Training), Health Services, Government of Bihar, Patna.
5. The Regional Deputy Director, Health, Magadh Division, Gaya.
6. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad. .... .... Appellants/Petitioners
Versus
Manju Devi aged about 40 years Wife of Shri Vijay Singh Resident of Baghoui Station, Post Office Doshma, Police Station Aurangabad, District- Aurangabad.
.... .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 174 of 2012
IN
Civil Writ Jurisdiction Case No. 3502 of 2009
======================================================
1. The State of Bihar through Principal Secretary Department of Health, Medical Education and Family Welfare Department, Government of Bihar, Patna.
2. The Principal Secretary Department of Health, Medical Education and Family Welfare Department, Government of Bihar, Patna.
3. The Director, Health Services, Government of Bihar, Patna.
4. The Regional Deputy Director Health Services, Saran Division, Chapra.
5. The Regional Deputy Director Health Services, Magadh Division, Gaya.
6. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad. .... .... Appellants/Respondents
Versus
1. Devendra Kumar S/O Late Shiva Singh resident of village -Balbigha, Police Station- Tekari, District- Gaya.
2. Saryu Prasad S/O Balgovind Prasad resident of village -Balbigha, Police Station- Belaganj, District- Gaya.
3. Hari Nandan Prasad S/O Late Jagdish Prasad resident of village - Itawa, Post Office and Police Station- Roushanganj, District- Gaya. .... .... .... Respondents/Petitioners
====================================================== With
Letters Patent Appeal No. 184 of 2012
IN
Civil Writ Jurisdiction Case No.15111 of 2009
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
40
2. The Principal Secretary Department of Health and Family Welfare, Government of Bihar, Patna.
3. The Director In Chief, Health Services, Government of Bihar, Patna.
4. The Civil Surgeon-cum-Chief Medical Officer, Supaul.
5. The Members three Man Enquiry Committee, Department of Health, Government of Bihar, Patna.
.... .... Appellants/Respondents
Versus
Yogendra Prasad Yadav S/O Late Jangali Yadav resident of village - Kushmaul, (Purab Tola), Police Station- Marauna, District- Supaul. .... .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 191 of 2012
IN
Civil Writ Jurisdiction Case No.15394 of 2009 With
Interlocutory Application No. 1284 of 2012 In
Letters Patent Appeal No. 191 of 2012
======================================================
1. The State of Bihar through the Principal Secretary Department of Health, Government of Bihar, Patna.
2. Director-In-Chief Health Services, Government of Bihar, Patna.
3. Regional Deputy Director Health Services, Tirhut Division, Muzaffarpur.
4. Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur.
5. Incharge Medical Officer, Additional Primary Health Centre, Mahnar, Vaishali.
.... .... Appellants/Respondents
Versus
Mandavi Devi W/O Late Shyambabu Singh Yadav resident of village - Mathura Chak, P.S.-Bidupur, District- Vaishali.
.... .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 206 of 2012
IN
Civil Writ Jurisdiction Case No.101 of 2009
======================================================
1. The State of Bihar
2. The Commissioner-Cum-Secretary Department of Health Services, Government of Bihar, Patna.
3. The Director-In-Chief Health Services, Bihar, Patna.
4. The Regional Dy. Director Health Services, Tirhut Division, Muzaffarpur.
5. The Civil Surgeon-Cum-Chief Medical Officer West Champaran, Bettiah.
6. The Incharge Medical Officer Primary Health Centre, Mainatand, District- West Champaran.
.... .... Appellants/Respondents
Versus
41
Kundan Prasad Sinha S/O Shri Chhedi Prasad Sinha resident of Mohalla- Chandmari, Near M.S. College, Motihari, P.O.- Motihari, P.S.- Town, District- East Champaran.
.... .... Respondent/ Petitioner
====================================================== With
Letters Patent Appeal No. 216 of 2012
IN
Civil Writ Jurisdiction Case No.2648 of 2008 With
Interlocutory Application No. 1369 of 2012 In
Letters Patent Appeal No. 216 of 2012
======================================================
1. The State of Bihar.
2. The Commissioner and Secretary, Health and Family Welfare Department, Government of Bihar, Patna.
3. The Enquiry Committee through Chairman-cum-Director-In-Chief, Health Services, Government of Bihar, Patna.
4. The Regional Deputy Director, Health Services, Magadh Division, Gaya.
5. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad.
6. The Medical Officer, In-Charge Primary Health Centre, Goh, District- Aurangabad.
.... .... .... Respondents/Appellants
Versus
Law Kumar Son of Ramashray Sharma Resident of Village-Mahmanna, P.S.-Tekari, District-Gaya.
.... .... Petitioner- Respondent
====================================================== With
Letters Patent Appeal No. 348 of 2012
IN
Civil Writ Jurisdiction Case No.16967 of 2009
======================================================
1. The State of Bihar.
2. The Principal Secretary Health Department, Bihar, Patna.
3. Director-In-Chief Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani.
5. The In-Charge Medical Officer Primary Health Centre, Ghoghardiha, District- Madhubani.
.... .... Appellants/Respondents
Versus
Ramdeo Ram S/O Sri Lakshmi Ram resident of village - Mohan Badhhiyam, Police Station- Sakari, District- Madhubani. .... .... .... Respondent/Petitioner
====================================================== With
Letters Patent Appeal No. 353 of 2012
IN
Civil Writ Jurisdiction Case No.6726 of 2009
======================================================
42
1. The State of Bihar.
2. The Commissioner-cum-Secretary Health Department, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Bihar, Patna.
4. The Screening Committee made for Screening of Appointment of Health Employees through its Chairman, Bihar, Patna.
5. The Civil Surgeon-Cum-Chief Medical Officer, Aurangabad. .... .... .... Respondents/Appellants
Versus
Smt. Sunita Kumari Sinha W/O Vijay Prasad resident of village - Songara, Post Office- Sodhi, Police Station- Buhaiadganj, District- Gaya. .... .... Petitioner-Respondent
====================================================== With
Letters Patent Appeal No. 620 of 2012
IN
Civil Writ Jurisdiction Case No.15465 of 2009 With
Interlocutory Application No. 3024 of 2012 In
Letters Patent Appeal No. 620 of 2012
======================================================
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary-cum Commissioner, Department of Health, Government of Bihar, Patna.
3. The Director-In-Chief, Health Services, Government of Bihar Patna.
4. The Director Health Services, Govt. of Bihar, Patna.
5. The Superintendent T.B. Hospital Koilwar, District Bhojpur.
6. The Civil Surgeon-cum-Chief Medical Officer, Biharsharif Nalanda. .... .... .... Respondents/Appellants
Versus
Ram Narain Yadav S/O Sri Madan Yadav Resident of Village - Koilwar, P.S. Koilwar, District Bhojpur.
.... .... Petitioner- Respondent
====================================================== With
Letters Patent Appeal No. 676 of 2012
IN
Civil Writ Jurisdiction Case No.14649 of 2009
======================================================
1. The State of Bihar through the Commissioner-Cum-Secretary Health, Medical Education and Family Welfare Department, New Secretariat, Vikas Bhawan, Patna.
2. The Director-in-Chief, Health Services, Government of Bihar, New Secretariat, Vikas Bhawan, Patna.
3. The Civil Surgeon-cum-Chief Medical Officer, Aurangabad.
4. The In-Charge Medical Officer, Primary Health Centre, Kutumba, Aurangabad.
.... .... .... Respondents/Appellants
Versus
Ram Baran Prasad S/O Shri Shiv Nandan Mahto resident of village -
43
Harihar Urdana, P.S.- Kutumba, District- Aurangabad. .... .... writ petitioner- Respondent ====================================================== With
Letters Patent Appeal No. 722 of 2012
IN
Civil Writ Jurisdiction Case No. 10172 of 2009 With
Interlocutory Application No. 3400 of 2012 In
Letters Patent Appeal No. 722 of 2012
======================================================
1. The State of Bihar
2. Director in Chief, Health Services, Health Department, Govt. of Bihar, Patna.
3. Commissioner cum Secretary, Health Department, Govt. of Bihar, Patna
4. Civil Surgeon Cum Chief Medical Officer Patna.
5. Incharge Medical Officer , Prathamic Swastha Kendra, Bikram, Patna .... .... .... Respondents/Appellants
Versus
Upendra Ram, S/O Late Raj Nand Ram, R/O Village-Sherbhukka, P.S.- Maner, P.O.-Kamta Gopalpur, District- Patna.
.... .... Petitioner/Respondent
======================================================
Appearance:
(In LPA No.200 of 2010) For the Appellant/s : Mr. Sangha M.Ghosh, AC to AAG 2 For the Respondent/s : Mr. Sudarshan Sharma, Advocate. (In LPA No.560 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Advocate Mr. Surendra Kishore Thakur, Advocate.
(In LPA No.566 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Banwari Sharma, Advocate. (In LPA No.710 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Pramod Mishra, Advocate. (In LPA No.1021 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2
Mr. Sudhir Kumar, Advocate .
For the Respondent/s : Mr. Gajanan Arun, Advocate . (In LPA No.1040 of 2010)
44
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.1189 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Ram Prasad Singh, Advocate. (In LPA No.1199 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1201 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gagandeo Yadav, Advocate. (In LPA No.1202 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.1203 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun Advocate. (In LPA No.1220 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG-2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.1227 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Dayanand Singh, Advocate. (In LPA No.1228 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Arvind Kumar-2, Advocate. (In LPA No.1236 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. C.M.Chaurasia, Advocate. (In LPA No.1241 of 2010)
45
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s: Mr. Rajendra Singh @ Shastrijee, Advocate. (In LPA No.1243 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Sunil Kumar Verma, Advocate. (In LPA No.1251 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Baidyanath Thakur, Advocate. (In LPA No.1302 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Krishna Kumar Rawat, Advocate. (In LPA No.1331 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Ajoy Kumar Chakrabartti, Advocate. (In LPA No.1332 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Akhilesh Kumar Singh, Advocate. (In LPA No.1333 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Manoj Kumar Singh, Advocate. (In LPA No.1527 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. C.M. Chourasia, Advocate. (In LPA No.1533 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Krishna Murari, Rawat, Advocate. (In LPA No.1591 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1602 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
46
Mr. Sudhir Kumar, Advocate. For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.1613 of 2010)
For the Appellant/s : Mr. D.K.Sinha, Sr. Adv.(A.G.-2) Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. C.M.Chaurasia (In LPA No.1632 of 2010)
For the Appellant/s : Mr. D.K.Sinha, Sr. Adv.(A.G.-2) Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Gagandeo Yadav, Adv. (In LPA No.1633 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Chandra Sen Prasad Singh, Advocate. (In LPA No.1637 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr.Hriday Narayan Harsha, Advocate. (In LPA No.1649 of 2010)
For the Appellant/s : Mr. L.B.Singh, AC to AAG 2 For the Respondent/s : Mr. Sanjeev Kumar 1, Advocate. (In LPA No.1652 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Ram Prawesh Kumar, Advocate. (In LPA No.1655 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Hriday Narayan Harasha, Advocate. (In LPA No.1680 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Hriday Narayan Harasha, Advocate. (In LPA No.1695 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Vivek Prasad, Advocate. (In LPA No.1698 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate.
47
(In LPA No.1700 of 2010) For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Vinay Ranjan, Advocate. (In LPA No.1718 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Shiv Kumar, Advocate. (In LPA No.1743 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Hriday Narayan Harasha, Advocate. (In LPA No.1763 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate
For the Respondent/s : Mr. Hriday Narayan Harasha, Advocate. (In LPA No.1856 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Md. Ziaul Qumar, Advocate (In LPA No.1869 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate
For the Respondent/s : Mr. Bijendra Kumar Singh, Advocate . (In LPA No.1870 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Sunil Kumar, Adv. (In LPA No.1923 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Jai Prakash Verma, Advocate. (In LPA No.2028 of 2010)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Md. Ziaul Qumar, Adv. (In LPA No.2031 of 2010)
For the Appellant/s : Mr. S. Ghosh, AC to AAG 2 For the Respondent/s : Mr. Ajoy Kumar Chakrabartti, Advocate (In LPA No.3 of 2011)
For the Appellant/s : Mr. L.B.Singh AC to AAG 2
48
For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Advocate Mr. Surendra Kishore Thakur, Advocate.
(In LPA No.13 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Md. Sakir Ahmad, Advocate. (In LPA No.27 of 2011)
For the Appellant/s : Mr. Lal Babu Singh, AC to AAG 2 For the Respondent/s : Mr. Shashi Bhushan Kumar Mangalam, Adv. (In LPA No.80 of 2011)
For the Appellant/s : Mr. Lal Babu Singh, AC to AAG 2 For the Respondent/s : Mr. Bipin Bihari Singh Mr. Akhilesh Kr. Sinha, Advocates .
(In LPA No.175 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Ajoy Kumar Chakrabartti, Advocate. (In LPA No.176 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Jay Prakash Verma, Advocate. (In LPA No.291 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Umesh Narayan Dubey, Advocate. (In LPA No.330 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.504 of 2011)
For the Appellant/s : Mr. S.M.Ghosh, AC to AAG 2 For the Respondent/s : Mr. Shiv Kumar, Advocate. (In LPA No.513 of 2011)
For the Appellant/s : Mr. L.B.Singh, AC to AAG 2 For the Respondent/s : Mrs. Shashi Bala Verma, Advocate. (In LPA No.560 of 2011)
For the Appellant/s : Mr. S.M.Ghosh, AC to AAG 2 For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Adv. Mr. Surendra Kishore Thakur, Advocate.
(In LPA No.664 of 2011)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s : Mr. Shiv Kumar, Advocate.
49
(In LPA No.925 of 2011) For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Satish Chandra Mishra, Mr. Md. Nurul Hoda, Advocate
(In LPA No.1160 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.1263 of 2011)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1301 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Bhanu Pratap Singh, Advocate. (In LPA No.1407 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.1414 of 2011)
For the Appellant/s : Mr. H.S.Roy, AC to AAG 2 For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1537 of 2011)
For the Appellant/s : Mr. Sudhir Kr, AC to AAG 2 For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1575 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1582 of 2011)
For the Appellant/s : Mr. Kuamr Ravish, AC to GA-10 For the Respondent/s :
(In LPA No.1588 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate.
50
(In LPA No.1594 of 2011) For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1682 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Md. Sakir Ahmad, Advocate. (In LPA No.1684 of 2011)
For the Appellant/s: Mr. Hari Shankar Roy, AC to AAG-2 For the Respondent/s: Mr. Pramod Kumar, Adv. (In LPA No.1712 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Ajoy Kumar Chakrabortky, Advocate. (In LPA No.1872 of 2011)
For the Appellant/s : Mr. Bajarangi Lal, AC to GA-7 For the Respondent/s : Mr. Ajoy Kumar Chakraborty, Advocate. (In LPA No.1886 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Yugal Kishore, Sr. Advocate. Mr.Ugranath Mallik, Advocate.
(In LPA No.1898 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Gajanan Arun, Adv. (In LPA No.1924 of 2011)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s : Mr. Gajanan Arun, Advocate . (In LPA No.1926 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Adv.
For the Respondent/s : Mr. Jay Prakash Verma, Advocate. (In LPA No.1931 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.1934 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2
Mr. Sudhir Kumar, Advocate.
51
For the Respondent/s : Mr. Gajanan Arun, Adv. (In LPA No.1944 of 2011)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Shanti Pratap, Advocate. (In LPA No.1964 of 2011)
For the Appellant/s : Mr. Sudhir Kumar,AC to AAG 2 For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1967 of 2011)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s : Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.1968 of 2011)
For the Appellant/s : Mr. Sudhir Kumar,AC to AAG 2 For the Respondent/s : Mr. Binay Kumar Singh, Mr. Kumar Bharat, Advocates.
(In LPA No.1985 of 2011)
For the Appellant/s : Mr. Sudhir Kr, AC to AAG 2 For the Respondent/s : Mr. Giridhar Gopal Tiwary, Mr. Dharmendra Kumar, Advocates.
(In LPA No.2027 of 2011)
For the Appellant/s : Sudhir Kumar, AC to AAG 2. For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.2047 of 2011)
For the Appellant/s : Mr. H.S.Roy, AC to AAG 2 For the Respondent/s : Mr. Ajoy Kumar Chatraborty, Advocate. (In LPA No.18 of 2012)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s: Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.20 of 2012)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s : Mr. Gajanan Arun, Advocates. (In LPA No.34 of 2012)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gajanan Arun, Advocate. (In LPA No.84 of 2012)
52
For the Appellant/s : Mr. Neeraj Kumar, AC to SC-22 For the Respondent/s : Mr. Achhaibar Singh, Advocate. (In LPA No.159 of 2012)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Rajesh Kumar Singh-1, Advocate. (In LPA No.174 of 2012)
For the Appellant/s : Mr. D.K.Sinha, AAG 2 Mr. Sudhir Kumar, Advocate.
For the Respondent/s : Mr. Gyan Shankar, Advocate. (In LPA No.184 of 2012)
For the Appellant/s : Mr. L.B.Singh, AC to AAG 2 For the Respondent/s : Mr.Gajanan Arun, Advocate. (In LPA No.191 of 2012)
For the Appellant/s : Mr. L.B.Singh, AC to AAG 2 For the Respondent/s :
(In LPA No.206 of 2012)
For the Appellant/s : Mr. L.B.Singh, AC to AAG 2 For the Respondent/s : Mr.Abhay Kumar Roy, Advocate . (In LPA No.216 of 2012)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s : Mr. Gyanand Roy, Advocate. (In LPA No.348 of 2012)
For the Appellant/s : Mr. Lal Babu Singh, AC to AAG 2 For the Respondent/s : Mr. Mr. Praful Chandra Jha, Mr. Shyam Lal, Advocates.
(In LPA No.353 of 2012)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s :
(In LPA No.620 of 2012)
For the Appellant/s : Mr. Sudhir Kumar, AC to AAG 2 For the Respondent/s :
(In LPA No.676 of 2012)
For the Appellant/s : Mr. Rewti K.Raman, AC to GP -13 For the Respondent/s : Mr.Shambhu Sharan Singh, Advocate (In LPA No.722 of 2012)
For the Appellant/s : Mr. Lakmesh Marvind, AC to SC-9 For the Respondent/s :
======================================================
53
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
C.A.V. JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 24th September 2014
This group of matters raise a common issue. They are, therefore, decided by this common judgment. Letters Patent Appeals preferred by the respondent- State Government arise from a common judgment and order dated 6th October 2009 passed by the learned single Judge and the orders made on different dates by the learned single Judges in respective writ petitions. Some of these Appeals, viz. Letters Patent Appeal No. 560 of 2010 and some others were earlier heard by the Bench of this Court. Under respective orders, the Bench had referred the matters to a Committee comprising Justice Uday Sinha (retired) constituted under the orders of the Bench in the matter of Sohan Roy [(2010 (2) PLJR 397]. Feeling aggrieved, the concerned writ petitioners approached the Hon'ble Supreme Court. The Hon'ble Supreme Court has, under its order dated 8th August 2011 made in Petition for Special Leave to Appeal (Civil) No.16798 of 2010 and other petitions, set aside the direction issued by the Bench and has remitted the Appeals for hearing and decision on merits.
The matter at issue is simple, very commonly found in the claims made by the employees of the State Government, that is that of regularization in service. However, this group of matters has a long chequered history. We do not need to delve into the facts in each writ petition. Though the dates, place etc.
54
may be different, the facts are similar. All the writ petitioners had joined the service of the State of Bihar under the orders made by the concerned Civil Surgeon-cum- Chief Medical Officer of a district. None of the writ petitioners was appointed by a proper legal recruitment process. The modus operandi was to issue a posting order posting the concerned writ petitioners in Class III or Class IV service in a Primary Health Centre within the jurisdiction of the Civil Surgeon. Most of the writ petitioners were appointed in Class III service as Basic Health Workers or clerks or in Class IV service. The Government of Bihar having realized the large scale illegalities committed in appointment by the concerned Civil Surgeon-cum- Chief Medical Officers, all appointments made during 1980s were ordered to be scrutinized. The State Government having found that large number of appointments were made on the basis of the false or forged documents; without following due process of recruitment and mostly without the appointment orders, such appointments were cancelled and concerned incumbents were discharged from service. These orders of discharge came to be challenged before this Court in hundreds of writ petitions. This Court, by a common judgment and order in the matter of Sitendra Kumar Singh Vs. State of Bihar & Ors. [2003(4) PLJR 282], set aside the impugned orders of discharge from service solely on the ground of violation of the principles of natural justice. All writ petitioners were directed to be reinstated in service without the salary or remuneration for the interregnum period.
Since their reinstatement in service under the orders of the Court, the State Government initiated proceedings to terminate the service of such employees by issuing a show cause
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notice and calling upon each of them to establish legality of respective appointment. The writ petitioners failed to establish the legality of their appointment. Once again their service was terminated. The said orders of termination led to a large number of writ petitions (nearly a thousand) before this Court which eventually reached the Division Bench in letters patent appeals. As many as 819 letters patent appeals and the writ petitions were decided by the Bench [Coram:- Dr. J. N. Bhatt, C.J. and Justice Shiva Kirti Singh, as he then was] [2006 (3) PLJR 386]. The Bench noticed that the writ petitioners were appointed in Class III or IV service and were serving as such for a long time. The writ petitioners had claimed the benefit of regularization in service in view of the judgment of the Hon'ble Supreme Court in the matter of Secretary, State of Karnataka & Ors. Vs. Uma Devi (3) & Ors. [2006(4) SCC 1]. The Bench directed the authorities of the Health Department, Government of Bihar, "to reconsider the cases of all the affected employees with a view to find out on the basis of relevant facts and law as settled by the Constitution Bench in the case of Secretary, State of Karnataka Vs. Uma Devi (supra) as to which of such affected employees are fit for regularization in terms of that judgment, particularly in terms of paragraph 44 of the judgment. Such exercise should be completed within a period of six months from today. If for any good reason, the time period is required to be extended then the respondent State must file an application for that purpose and seek extension from this Court. Till the process is completed, the State of Bihar and its authorities shall maintain status quo in respect of services of the affected employees as existing on date. The status quo shall get revised by the orders that may be passed
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by the authorities in respect of affected employees as a result of the exercise to be undertaken by them and their final decision in the light of this judgment and order."
Pursuant to the aforesaid direction, the Government of Bihar constituted a Committee comprising five officers to examine the facts of individual cases. For the reasons not brought on the record two members of the said Committee did not participate in the proceedings. So, it precipitated into a committee of three members (hereinafter referred to as "the State Committee") which carried out the direction of this Court and submitted its report. The State Committee issued show cause notice to each individual, considered the facts in each individual case and classified the said employees in three categories, (i) the employment secured on false or forged documents; (ii) illegal appointments; and (iii) irregular appointments. Some 91 cases which were classified as irregular appointments were eventually ordered to be regularized in keeping with the direction issued by the Hon'ble Supreme Court in the matter of Uma Devi (3) [2006(4) SCC 1]. Rest of the appointments being void ab-initio were cancelled and the service of the concerned employees was terminated.
The said action of the State Government led to a third round of litigation before this Court. Each petition was taken up by the learned single Judge; some were allowed. Against such orders the State Government approached the Bench in a group of letters patent appeals. This time the Bench [comprising Dipak Misra, C.J. as he then was and Justice Mihir Kumar Jha] under a common judgment and order in the matter of The State of Bihar & Ors. Vs. Sohan Roy & Ors. [2010 (2) PLJR 397], with consensus of the learned advocates, referred the matter to a
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Committee comprising Justice Uday Sinha (retired) with a detailed directions to the said Committee. These matters have been dealt with by Justice Uday Sinha (retired). He has made report in each case placed before him. Those matters are not the subject matter in this group of Appeals.
A group of writ petitions filed against the report of the State Committee have been allowed by the learned single Judge under the impugned common judgment dated 6thOctober 2009 and the respective orders made by the learned single Judges which are the subject matter of challenge in this group of Appeals. Some have travelled to the Hon'ble Supreme Court and have been remitted back as recorded hereinabove. Thus, the appeals before us are the matters in which challenge is against the report of the State Committee and the consequent orders of discharge from service.
The learned single Judge has proceeded on the premise that all the writ petitioners had been serving for around 20 years and that their service had been regularised. That necessarily meant that the authorities were satisfied about the legality of the initial appointment of the writ petitioners. Once regularised, they were protected by Article 311 of the Constitution. If the authorities wanted to ascertain the genuineness of the appointment, the only procedure was to hold disciplinary proceeding as envisaged by Article 311 of the Constitution. The learned single Judge has also relied upon some other writ petitions which were earlier allowed and the above referred report of the State Committee was set aside. Further, in the opinion of the learned single Judge the report did not assign any reason why a particular appointment was considered illegal or irregular. The learned single Judge has recorded a finding that
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almost all the petitioners were confirmed, absorbed and regularised in their service. The learned single Judge has set aside the report having been made in violation of the rule of natural justice since the same was without holding a disciplinary proceeding.
Learned Additional Advocate General Mr. D. K. Sinha has appeared for the appellant-State of Bihar. He has assailed the judgment of the learned single Judge. He has submitted that pursuant to the direction issued by this Court in the matter of
The State of Bihar & Ors. Vs. Purendra Sulan Kit [2006(3) PLJR 386], the State Government did constitute a committee of five officers. Eventually three members of the said committee examined all cases on individual basis and recorded its finding of the employment having been secured either on forged or false documents or the employment being illegal or irregular. The said report can not be vitiated for it was not signed by all five members who initially constituted the committee. At all relevant times it was a committee of three members and the three members have submitted the report under their signature. Moreover the finding recorded in the said report is either not challenged or is not proved to be wrong. There was no earthly reason for the learned Single Judge to set aside the report of the State Committee or to direct reinstatement of the concerned employees in service. Mr. Sinha has relied upon the above referred judgments delivered by this Court from time to time. Mr. Sinha has also relied upon the Government Circulars dated 3rd December 1980. He has submitted that the said Circulars set out the procedure for appointment in Muffassil offices of the Government. In the cases before us, the appointments are not made in accordance with the said Circulars.
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In support of his submissions, Mr. D. K. Sinha has relied upon the judgment of this Court in the matter of Sunaina Devi Vs. The State of Bihar & Ors. [2011 (3) PLJR 913].
The Government of Bihar in its Administrative Reforms Department issued instructions for appointment to Class III service in the Government offices under its Circular No.16440 dated 3rdDecember 1980. The said Circular apply to Class III posts other than which are filled in by appointment of the candidates selected by Bihar Public Service Commission after a competitive examination and to the posts which were governed by the Government Resolution dated 28thJanuary 1976. The said Circular sets out a detailed procedure for notifying the vacancies in Secretariat and its attached offices, District Magistrates and other Muffassil offices and for calling for applications, preparation of a common merit list and appointment from the said common merit list in order of merit. It also provides for procedure for constitution of selection committee, preparation of merit list and wait list, duration of the merit list/wait list.
A similar Circular No.16441 was issued on 3rd
December 1980 for appointment to Class IV posts in the Muffassil offices of the Government.
Without entering into the details of the procedure etc. provided in the said Circulars, we may note that the said Circular had been issued to avoid discrimination in appointment to Class III and Class IV posts in the Government offices and provides for generalized procedure in consonance with Articles 14 and 16 of the Constitution.
The Appeals are contested by the learned advocates
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appearing for the writ petitioners. We have heard learned counsels Mr. Basant Kumar Choudhary, Mr. K. N. Choubey, Mr. Yugal Kishore and learned advocates Mr. S. B. K. Manglam, Mr. Ashok Kumar Singh, Mr. Praful Chandra Jha, Mr. Shambhu Sharan Singh, Mr. Pramod Mishra, Mr. Vivek Prasad, Mr. Ajoy Kumar Chatraborty, Mr. Pramod Kumar Sinha, Mr. Sunil Kumar Verma.
The learned advocates have made submission on the facts of individual cases and contentions raised in the respective writ petitions. They have relied upon the judgment of this Court in the matter of The State of Bihar & Ors. Vs. Binay Kumar Singh & Ors. [2011 (3) PLJR 547] and the above referred order of the Hon'ble Supreme Court in appeals. The learned advocates have also relied upon the judgments of the Hon'ble Supreme Court in the matters of Ashwani Kumar & Ors. Vs. State of Bihar & Ors. [1997(1) PLJR (SC) 59]; of State of Karnataka & Ors. Vs. C. Lalitha [ (2006) 2 SCC 747]; of K. T. Veerappa and Ors. Vs. State of Karnataka and Ors. [ (2006)
9 SCC 406]; of Government of Andhara Pradesh & Ors. Vs. K. Brahmanandam & Ors. [(2008) 5 SCC 241]; of Prakash Ratan Sinha Vs. State of Bihar & Ors. [2010 (1) PLJR (SC) 77]; of Sant Lal Gupta and others Vs. Modern Cooperative Group Housing Society Limited and others [ (2010) 13 SCC 336]; of Safiya Bee Vs. Mohd. Vajahath Hussain alias Fasi [(2011) 2 SCC 94]; of Union of India & Anr. Vs. Arulmozhi Iniarasu & Ors. [2011 (4) PLJR (SC) 83]; and of State of Rajasthan & Ors. Vs. Daya Lal & Ors. [2011 (4) PLJR (SC)
90].
Learned advocates have submitted that the appointments of the writ petitioners were made under a Scheme
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introduced by the State Government in 1985. All appointments were made under the said Scheme. Even though the appointments may not have been made strictly in accordance with the rules/instructions or by due process, in absence of any action taken against the officers concerned, the employees could not have been targeted. Most of the writ petitioners have served for more than 10 years; some have completed 20 years of service. The service of the writ petitioners, therefore, ought to have been regularized. The learned advocates have also submitted that various benches have decided the writ petitions separately, not against all of them the State Government has preferred letters patent appeal. Many of the orders for reinstatement in service have been complied with by the State Government whereas in the present set of cases, the Appeals are preferred and thus the writ petitioners have been meted a discriminatory treatment.
It would not be out of place to note here that three writ petitions in the same subject matter were referred by the learned single Judge to the Full Bench. The Full Bench has considered the reference and decided the writ petitions [Ram Sevak Yadav & Anr. Vs. The State of Bihar & Ors. 2013 (1) PLJR 964].
The Full Bench has considered the aforesaid history of the litigations and the judgments of the Hon'ble Supreme Court, more particularly the judgments in the matters of Secretary, State of Karnataka & Ors. Vs. Uma Devi (3), [ (2006) 4 SCC 1]; of State of Karnatka Vs. M. L. Keshari [(2010) 9 SCC 247]; of A. Shanmugam Vs. Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam [(2012) 6 4 SCC 430]; of Sahara India Real Estate Corp. Ltd. Vs. Securities and Exchange Board of India [(2013) 1 SCC
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1]. Having considered the plethora of judgments on the issue, the Full Bench has summed up its decision in paragraph 43 of the judgment as under:-
"We therefore sum up our conclusions and answer the reference as follows:-
(A) Uma Devi (supra) prohibits regularization of daily wage, casual, ad-hoc and temporary appointments, the period of service being irrelevant;
(B) An illegal appointment void ab-initio made contrary to the mandate of Article 14 without open competitive selection cannot be regularized under any circumstances.
(C) Irregular appointments can be regularized if the appointment was made by an authority competent to do so, it was made on a vacant sanctioned post, in accordance with Article 14 of the Constitution with equal opportunity for participation to others eligible by competitive selection and the candidate possessed the eligibility qualifications for a regular appointment to the post.
(D) The appointment must not have been an individual favour doled out to the appointee alone and the person must have continued in service for over ten years without intervention of any Court orders."
The Full Bench has approved the judgment in the matter of Sunaina Devi (supra).
The judgments of the Hon'ble Supreme Court and this Court rendered in respect of regularization in service have been considered and dealt with in details by the learned Judges in
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the Full Bench in the matter of Ram Sevak Yadav & Anr (supra). The Full Bench has, having considered the relevant law, summarized the law as above. We, therefore, desist from considering the said judgments once again to make the statement of law in our own words.
The writ petitioners have approached this Court with a specific prayer to regularise their service and to set aside the order of termination of their service. Many of the writ petitioners have also challenged the report submitted by the State Committee. It is the allegation that the State Committee has committed large scale irregularities in preparing its report. At the outset we must note that the very basis of the judgment of the learned single Judge that service of the writ petitioners was regularised and that they were permanent employees of the State Government is erroneous. None of the writ petitioners has brought on record any order under which the service of such petitioner was consciously regularised by the State Government or the competent authority. On the contrary the specific prayer of all the writ petitioners is to regularize their service. The very relief prayed for belies the claim that the service of the concerned writ petitioners was regularized. The petitioners cannot be said to be the civil servants of the State. Article 311 of the Constitution is not attracted. The question of holding a disciplinary proceeding envisaged by Article 311 of the Constitution or under any disciplinary rules, therefore, shall not arise.
The real controversy is whether the writ petitioners were legally and validly appointed. The repeated finding of the State Government is that many of the writ petitioners had
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secured employment by producing a fake or forged appointment letter or have been inducted in Government service surreptitiously by concerned Civil Surgeon-cum- Chief Medical Officer by issuing a posting order. It is not difficult to understand a well thought design to induct the individuals in Government service without recruitment at all. Not only there was no recruitment process or that Civil Surgeon-cum-Chief Medical Officer was not authorized to make appointment, the Civil Surgeon-cum- Chief Medical Officer straight away issued a posting order in favour of the concerned writ petitioner posting him/her in Primary Health Centre in remote areas. Surely, it would be difficult, if not impossible, to detect such illegality. The Court cannot be oblivious of the fact that the writ petitioners are the beneficiaries of the illegal orders made by the Civil Surgeon-cum- Chief Medical Officers. Once it is alleged that the appointment or induction of the writ petitioners was illegal, made on the basis of forged appointment order or on the basis of illegal posting orders made by the Civil Surgeon-cum- Chief Medical Officer, the onus to prove otherwise shifts on the writ petitioners. The writ petitioners were given notice to establish the genuineness of their appointment and to show cause. None of the writ petitioners could establish the genuineness or legality of their appointment before the State Committee. Once it is found that the appointment of the writ petitioners was illegal, void-ab- initio, the challenge to the order of cancellation of appointment and discharge from service should necessarily fail. Not only the writ petitioners had failed to establish genuineness or legality of their appointment at first before the State Government and then before the State Committee, they have not produced any reliable material even before this Court on the basis of which this Court
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can hold otherwise. It is absolutely not the case of any of the petitioners that their appointment was made after due process of selection for public employment. In other words, the writ petitioners had not been sponsored by the Employment Exchange Office; nor had they applied pursuant to a public notice. None of the writ petitioners was subjected to a selection process. Although some of the writ petitioners have asserted that they were qualified for appointment to the post in question, in majority of the cases even such an assertion is absent. Irrefutably none of the appointments has been made after following the procedure set out in the aforesaid circulars dated 3rd December 1980. The laudable purpose for which the said circulars were issued is defeated.
For example, we may record the facts of just one case of one Madhu Kumari, the petitioner in CWJC No.6873 of 2008 (Letters Patent Appeal No.200 of 2010). She has produced a copy of the purported appointment letter dated 3rdJuly 1992 issued by the Civil Surgeon-cum- Chief Medical Officer, Nawada. Ex-facie, the said order dated 3rdJuly 1992 is not an appointment letter. The contents of the said letter indicate that pursuant to the requirement by the Incharge Medical officer, Additional Primary Health Centre, Laundh, the said writ petitioner was posted as Clerk at Laundh after appointment. Thus without the appointment, straight-away the said writ petitioner was posted as a Clerk in Additional Primary Health Centre in a remote area.
The next document is by the Civil Surgeon-cum- Chief Medical Officer, Motihari, East Champaran and then that of the Regional Deputy Director, Health Services, Magadh, Gaya. The petitioner has not explained what was the necessity of the
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concerned officers to repeatedly assert that the appointment of the said writ petitioner was legal and valid; though she was Class III employee she was transferred from one district to the other. The documents produced by the said writ petitioner only confirm the illegality of her appointment. These are the facts of one case, but similar are the facts in all cases before us. Since the report of the State Committee is questioned before us, we will examine the legality of the said report. The challenge to the said report is on the ground that although the State Government had constituted a committee of five members, ultimately the enquiry was conducted by only three of them and the report has been signed by the three members alone. The allegation is that two other officers avoided the enquiry proceeding because of the illegalities committed in the enquiry. The real issue is whether the report made by three members' Committee would be vitiated because the Committee initially comprised five members. True, it was the duty of the State Government to explain the reasons for which the two others members of the Committee did not participate in the enquiry proceeding. However, in absence of such explanation also, in our view the report of the State Committee can not be vitiated for the reason that the enquiry was conducted by three members. At the first we will note that although the report of the State Committee is under challenge; the members of the State Committee are alleged to have committed large scale irregularities, none of the members of the State Committee has been impleaded as party respondent. In absence of the members of the State Committee, neither the allegations of malafide or irregularities can be countenanced; nor the report can be vitiated. As recorded hereinabove, for all practical purposes it was a three
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member Committee and all the three members have signed the report. Merely because earlier the committee comprised of five members and the two members did not participate in the enquiry proceedings (for reasons not known), the report cannot be vitiated. Had the State Committee been a statutory committee, the said Committee could not have been constituted or have functioned except in accordance with the relevant provisions. That is not the case here. Had this Court directed to constitute a five member committee, any other committee having any different constitution may be vitiated. This Court had not issued a direction to constitute a committee comprising five members or any particular number of members. All that this Court directed was "to consider the cases of all the affected employees." The enquiry in accordance with the direction issued by this Court could have been made by an individual officer of the Government if authorized or by any committee of one or more members that the Government may constitute. The State Government, pursuant to the aforesaid direction, in its wisdom, appears to have constituted a committee of five members. Ultimately, only three members sat in the enquiry; held the enquiry and made its report. We do not see any reason why the said report cannot be believed or should be held to be illegal or invalid. It is not in dispute that the State Committee did offer opportunity of representation and hearing to the affected employees. The principles of natural justice having been complied with, this Court ought not to have any reason to disbelieve or interfere with the finding recorded by the State Committee. It is note worthy that the writ petitioners have not challenged the finding recorded by the State Committee or at least have not been able to establish that the respective finding is
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erroneous on the facts of the case. We have recorded the facts of one case just to bring home the nature of illegality committed by the Civil Surgeon-cum- Chief Medical Officer. As recorded hereinabove, in repeated enquiry made by the State Government all such appointments were found to be illegal, void ab-initio. Unless there is a strong evidence of such finding being wrong, this Court in exercise of power of judicial review shall not interfere with such finding.
In the present set of writ petitions, none of the writ petitioners has dislodged the finding of illegal appointment or has established that his or her appointment was legal and valid in all respects. In our view, the learned single Judge has erred in totally discarding the report of the State Committee on the premise that only three members of the committee had conducted the enquiry and had submitted the report. This brings us to the last question whether in view of their long service, the writ petitioners are entitled to regularization in service as observed by the Hon'ble Supreme Court in Uma Devi (3) (supra). This was the precise question which was referred to the Full Bench in the matter of Ram Sevak Yadav & Anr. (supra). The Full Bench of this Court has categorically held that the judgment in Uma Devi (supra), prohibits regularization of such appointments, the period of service being irrelevant; and that illegal appointment void ab- initio cannot be regularised under any circumstances. In view of the aforesaid decision of the Full Bench of this Court, the law laid down by the Division Bench of this Court in the matter of
The State of Bihar & Ors. Vs. Binay Kumar Singh & Ors. [2011 (3) PLJR 547] is no longer a good law. In the present case, the appointments of the writ
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petitioners have been repeatedly held to be non est or void ab- initio. The question of regularization of their service even by invoking paragraph 44 of the judgment in the matter of Uma Devi (3) (supra) shall not arise.
For the aforesaid reasons, these Letters Patent Appeals preferred by the State of Bihar are allowed. The impugned common judgment and order dated 6thOctober 2009 passed by the learned single Judge and the orders made by the learned single Judges on different dates in so far as the concerned writ petitions are allowed, are set aside. The said writ petitions are dismissed.
Interlocutory Applications stand disposed of.
(R.M. Doshit, CJ) Birendra Prasad Verma, J. I agree. (Birendra Prasad Verma, J)
N.A.F.R
U
Sunil
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