PATNA HIGH COURT ISSUES JUDGEMENT ON THE STATE OF BIHAR V/S MD. ZAHID IQBAL

PATNA, India, Aug. 21 -- Patna High Court issued the following judgment on July 22:

The present intra court appeal is directed against the order dated 18.07.2024, passed by the learned Single Judge in CWJC No.5728 of 2021, whereby the said writ petition filed by the respondent, herein was allowed and the Appellant-State was directed to reinstate the writ petitioner in service with retrospective effect with all admissible allowances and grant other consequential benefits to him as well.

2. As per the facts on record, respondent was appointed on the post of Reader-cum-Associate Professor in the Government Tibbi College and Hospital, Patna on contractual basis on 21.04.2014, after holding a walk-in interview. He worked as Pravachak for six years and no drawbacks were found during the period of his service. On 10.04.2019, Health Department, Government of Bihar, issued an order stating that the doctors appointed on contractual basis shall continue to work till they attain the age of superannuation or regular appointment, whichever is earlier. On 05.11.2019, a show cause bearing letter No.1481 AYUSH was issued to the respondent by Department stating the appointment of respondent herein was made without obtaining roster clearance. The respondent made reply to the show cause notice on 14.11.2019, but the same was not considered by the Department and he was removed from the service vide Letter No.1618 AYUSH dated 03.12.2019 and subsequent Letter No.860 dated 04.12.2019 on the ground that his appointment was contrary to roster point.

3. The respondent challenged the Notice dated 05.11.2019 by filing CWJC No.25452 of 2019 which was allowed setting aside the termination orders contained in letters dated 03.12.2019 and 04.12.2019. The respondent was accordingly reinstated in service with retrospective effect. Again, for same ground of roster clearance vide letter No.820 dated 09.11.2020, a show cause notice was issued to respondent to make his representation within one week (Annexure '9' to the writ petition). The respondent made his reply on 18.11.2020, the Department ignored the reply and passed a reasoned order vide Memo No.GTC/U1-07/2019-933 dated 29.12.2020 by Department holding that his appointment was in breach of roster clearance and the respondent was terminated from the service with effect from the date of issuance of the said order.

4. The learned counsel for the respondent submitted before the learned Single Judge that the respondent was appointed as Pravachak against ideal roster point No.5, which was for unreserved and general category, and this respondent belongs to unreserved category. Further, it was submitted by the respondent that in order contained in letter no.933 dated 29.12.2020 by the Government College had given wrong statement about respondent being paid salary since 04.12.2019 to 24.03.2020, but the four months' salary has not been paid.

5. The learned Single Judge, after considering the rival contentions of the parties, allowed the writ petition, on the point that copy of the ideal roster letter was not served by the Department to the respondent. The learned Single Judge had set aside the impugned letter dated 29.12.2020 and allowed this writ petition vide order dated 18.07.2024.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyMxMDY3IzIwMjQjMSNO-Tn1MJ0bz028=

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