1 W.P. (S) No.2836 of 2010 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2836 of 2010 1 (a). Sunita Devi, W/o Mahendra Prasad Kushwaha, House No. 12, VTC, Dhrampur, P.O. Dhrampur, P.S. & District –Deoghar, Jharkhand -815353. 2. Shyam Sunder Verma (i), son of Late Hakim Verma, resident of village Dharampur, P.O. Babhangama, P.S. Sarath, District – Deoghar. 3. Jai Prakash Mahto, son of Moti Lal Mahto, resident of village Tumbojamani, P.O. Babhangama, P.S. –Sarath, District –Deoghar. 4. Kongress Verma, son of Late Dukhi Verma, resident of village Amlajori, P.O. Babhangama, P.S. Sarath, District –Deoghar. 5. Satya Narayan Verma, son of Shri Sarju Prasad Verma, resident of village Dharampur, P.O. Babhangama, P.S. Sarath, District – Deoghar. 6. Shyam Sunder Verma (ii), son of Shri Ram Chandra Verma, resident of village Charpara, P.O. & P.S. –Madhupur, District – Deoghar. 7. Ashok Kumar Napit @ Ashok Napit, son of Hari Napit, village, P.O. and P.S. –Sarath, District –Deoghar. 8. Prativa Devi, wife of Sri Ram Pramod Sharma, resident of village Shekhpura, P.O. Khajuvi, Patna, Lady Ward Attendant, Health Centre, Sarath. 9. Rajendra Yadav, son of Sri Guru Prasad Yadav, village Baghmara, P.O. Budhai, P.S. Madhupur, District –Deoghar, terminated Wart Attendant Government Hospital, Budhai. 10. Shankar Raut, son of Sri Hari Raut, resident of village Dhirjamun, P.O. Bavandiha, P.S. Sarath, District –Deoghar. 11. Dasrath Prasad Singh, son of Late Saudagar Singh, resident of village Khirjuria, P.O. & P.S. –Deoghar, District –Deoghar. .... Petitioners Versus 2 W.P. (S) No.2836 of 2010 1. The State of Jharkhand through the Principal Secretary, Health & Family Welfare Department, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, Ranchi, Jharkhand. 2. The Secretary, Health & Family Welfare Department, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, Ranchi, Jharkhand. 3. The Civil Surgeon-cum-Chief Medical Officer, Deoghar, P.O. & P.S. Deoghar, District –Deoghar, Jharkhand. 4. The State of Bihar through the Secretary, Department of Health, Government of Bihar, Patna. …. Respondents P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioners : Mr. V.P. Singh, Sr. Advocate : Mr. Ashish Kumar Shekhar, Advocate For the State of Bihar : Mr. S.P. Roy, G.A. (Bihar) : Mr. Binit Chandra, J.C. to G.A. (Bihar) For the State of Jharkhand : Mr. Munna Lal Yadav, SC (L&C)-III ….. By the Court:- 1. Heard the parties. 2. This writ petition has been filed under Article 226 of the Constitution of India with a prayer to issue of writ of Mandamus commanding upon the respondents to give same and similar benefits; as given by the Hon’ble High Court of Judicature at Patna in C.W.J.C. No. 6575 of 2009, decided on 06.10.2009 and in Letters Patent Appeal No. 1623 of 2009 and analogous cases, to the persons appointed similarly, along with the petitioners, in the Department of Health and commanding the respondents not to discriminate the petitioners from others and consequential reliefs. 3 W.P. (S) No.2836 of 2010 3. The brief fact of the case is that in the year 1986-87 to comply with the national policy regarding health and family welfare thousands of Class-III & Class-IV staff were appointed in the State of Bihar, in the Department of Health including the petitioners, who were recruited by the respondent no.3 in different positions. The services of the petitioners were terminated vide order of termination passed by the respondent no.3 in the year 1992, without any show cause notice, in the light and context of order of Secretary to the Government of Bihar, Health & Family Welfare Department, vide letter no. 441 (Health) dated 02.07.1987; together with hundreds of similarly situated other persons. The petitioners filed W.P.(S) No. 6407 of 2004 and the same was dismissed vide judgment dated 14.12.2004. The petitioners then filed L.P.A. No. 46 of 2005 and ultimately the same was dismissed on 13.05.2008 and the said order dated 13.05.2008 passed in L.P.A. No. 46 of 2008 has attained finality and the same has not been challenged. Similarly placed persons, who were recruited in a similar manner, as that of the petitioners and whose services were terminated like the petitioners, filed 322 different writ petitions in the Hon’ble High Court of Patna. The writ petitions were allowed in C.W.J.C. No. 6575 of 2009 and allied cases. The State of Bihar preferred L.P.A. No. 1623 of 2009 and ultimately vide judgment dated 11.02.2010, the Hon’ble Division Bench of Patna High Court on the basis of concession made by the learned Advocate General, after obtaining instruction from the competent authorities of the State and concession given by the respondent-writ petitioners, framed 4 W.P. (S) No.2836 of 2010 number of terms and conditions, including appointment of one man committee of a Retired High Court Judge and disposed of the appeals on the said agreed terms. 4. The learned senior counsel for the petitioners submits that the said judgment of the Division of Bench of Hon’ble Patna High Court in L.P.A. No. 1623 of 2009 has encouraged the petitioners to file this writ petition on the ground of equity and fair play in the light of fresh cause of action. It is next submitted by the learned senior counsel for the petitioners that hundreds and thousands of sanctioned posts are still vacant and the availability of the trained hands for maintaining the health services is essential. Hence, it is submitted that the prayer as prayed for in this writ petition be allowed. 5. The learned counsel for the respondents on the other hand submits that as the self-same prayers of the writ petitioners have already been dismissed both by the learned Single Judge as well as the Division Bench of this Court, vide order dated 13.05.2008 in L.P.A. No. 46 of 2005 and the said judgment has attained finality and no principle of law has been settled by the Hon’ble Patna High Court in its Judgment in L.P.A. No. 1623 of 2009 and the same was made on the basis of the concession of the parties, certainly the same will not be a ground to reopen the judgment of Division Bench of this Court in L.P.A. No. 46 of 2005 dated 13.05.2008. Hence, it is submitted that this writ petition being without any merit be dismissed. 5 W.P. (S) No.2836 of 2010 6. Having heard the submissions made at the Bar and after carefully going through the materials in the record, the undisputed fact remains that the petitioners challenged their termination by filing W.P.(S) No. 6407 of 2004 and the same was dismissed vide judgment dated 14.12.2004. They filed L.P.A. No. 46 of 2005 and the same was also finally dismissed vide judgment dated 13.05.2008. The undisputed fact remains that the said judgment has attained finality having not been challenged. As has rightly been submitted by the learned counsel for the respondents, no principle of law has been settled by the Patna High Court in L.P.A. No. 1623 of 2009 and the said judgment was made upon the concession of the learned Advocate General upon instruction from the State of Bihar and the parties appearing before the Hon’ble Patna High Court. Certainly, the same will be of no help to the petitioners, as no concession is being made in this case by the respondents. Thus, this Court is of the considered view that there is no justifiable reason for allowing the prayer made by the petitioners in this writ petition. 7. Accordingly, this writ petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 28th March, 2025 AFR/Sonu-Gunjan/-