Ajit Kumar Mistry vs The State of Jharkhand

Mr. H.C. Mishra, J.—Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner was working as voluntary worker in the Health Department in Dumka. His services were terminated by order dated 30.07.2009. The petitioner challenged the said termination order in W.P.(S) No. 5191 of 2009, which was disposed of by this Court by order dated 19.12.2014, whereby, the order of termination dated 30.07.2009, which was annexure-15 to the said writ application, was quashed, and the respondent authorities were given the liberty to proceed afresh in the matter and take appropriate decision in accordance with law by providing adequate and sufficient opportunity of hearing to the petitioner within a reasonable period. The petitioner claims, that he was allowed to re-join his service on 9.01.2015, but no salary was paid to the petitioner.

Pursuant to the order dated 19.12.2014 passed in W.P.(S) No. 5191 of 2009, a detailed order has been passed by respondent No. 2, i.e., the Director-in-Chief, Health Services, Government of Jharkhand, as contained in memo No.737(23), dated 29.4.2015, whereby the representation of the petitioner has been rejected. The said order has been brought on record as Annexure-22 to the writ application. The fact however, remains that after the quashing of the earlier order of termination by this Court in W.P.(S) No. 5191 of 2009, no fresh order of termination of service of the petitioner has been passed, as directed in the said order. However, the petitioner was not allowed to work on his post after the passing of the order dated 29.04.2015 as contained in Annexure-22 to the writ application.

Learned counsel for the petitioner has submitted that the impugned order rejecting the representation of the petitioner is absolutely illegal, and still no order of termination of service of the petitioner has been passed. Learned counsel accordingly, submitted that until the service of the petitioner is terminated in accordance with law, the petitioner is entitled to his salary and other benefits.

Learned counsel for the State though has opposed the prayer, but it is an admitted fact that pursuant to the order dated 19.12.2014 passed by this Court in W.P.(S) No. 5191 of 2009, as contained in Annexure-18 to the writ application, no fresh order of termination of service has been passed against the petitioner. The impugned order passed by the Director-in-Chief, Health Services, Government of Jharkhand, as contained in memo No.737(23), dated 29.4.2015, whereby only the representation of the petitioner has been rejected, cannot be said to be an order passed in compliance of the order dated 19.12.2014 passed by this Court in W.P.(S) No. 5191 of 2009.

In the backdrop of these facts, this Court is left with no option but to quash the impugned order passed by the Director-in-Chief, Health Services, Government of Jharkhand, as contained in memo No.737(23), dated 29.4.2015 (Annexure-22 to this writ application), which is accordingly, quashed. Consequently, the respondent authorities are directed to allow the petitioner to continue in service with all pecuniary benefits, until the service of the petitioner is terminated in accordance with law, in view of the direction of this Court in W.P.(S) No. 5191 of 2009, as contained in Annexure-18 to the writ application.

This writ application is accordingly allowed, with the directions as above.