2026:JHHC:5200 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1594 of 2003 1. Shyan Kishore son of Jagarnath Ram at and P.O. New Mohalla, Police Station Daltanganj, District-Palamu. 2. Hiralal Singh son of Jagdish Singh, Resident of Village Barundih, P.S. and P.O. Barundin District-Aurangabad. 3. Arun Kumar son of Shankar Ram, Resident of Village Saguna, P.S. Patan, District-Palamu. 4. Maheshwar Ram son of Baliram Monchi, Resident of Village Chechauri, Police Station Patan, P.O. Lami Patra, District-Palamu. 5. Balram Singh son of Dharamdeo Singh, Resident of Village Konwai, P.S. Panki, District-Palamu. 6. Krishna Ram son of Ramji Ram Resident of Village Batsara, P.O. Naodiha, Police Station Patan, District-Palamu ... … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Health Commissioner (Cell)-cum-Secretary, Health Department, Govt. of Jharkhand Nepal House, Main Secretariat, Doranda, Ranchi. 3. The Deputy Secretary, Health Department, Government of Jharkhand Nepal House, Main Secretariat, Doranda, Ranchi. 4. The Civil Surgeon, Palamu Daltonganj, State of Jharkhand. 5. The Deputy Director Tuberclosis (T.B.) Health Services, Bihar, Patna, ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Shubham Mishra, Amicus Curiae For the Respondent(s) : Mr. Binit Chandra, Advocate -------- Order No. 21/Dated: 18th February 2026 The instant writ application has been preferred by the petitioners for the following reliefs: “1. ...For issuance of appropriate writ/writs order and direction for quashing the Executive order No.81 dated 30.5.1992 contained in Annexure-10 passed by the Respondent No. 2 by which the services of the petitioners was terminated without providing opportunity of hearing although the positioners were approved in their respective services who were appointed on the sanctioned as well as vacant permanent post on the basis of the local advertisement by the Selection Committee constituted by the State Government and further also for quashing the Executive order dated 30.3.2002 passed by the said Respondent No.2 contained in Annexure-18 in confirmation of the earlier order dated 30.5.1992 passed 2026:JHHC:5200 2 in complete and willful violation of the judgment and order dated 21.4.1992 passed by the Full Bench of the Hon'ble Ranchi High Court in C. W. J. C. No. 2950/91 contained in Annexure-9.” 2. Briefly stated as per the pleadings, pursuant to a resolution dated 25.03.1983, the State Government constituted a Selection Committee to fill up the vacant as well as sanctioned post lying in several offices in Governance of Health Department. The petitioners made applications for their appointment and appeared before the Selection Committee. Subsequently, in pursuance to their selection vide Memo No. 07 dated 23.01.1990 issued by the respondent no.4, the petitioners were appointed/adjusted on temporary basis and accordingly, Petitioner no.1 gave joining at Primary Health Centre Office at Panki, District Palamau, Petitioner no. 2 joined as male Family Planning Worker in the office of In- charge Medical Officer, Primary Health Centre Dhurki, Petitioner no. 3 joined as Clerk under the In-charge Medical Officer, Primary Health Centre, Hussainbad, Petitioner no. 4 joined as male Family Planning Worker under the In-charge Medical Officer, Primary Health Centre, Dhurki, Petitioner no. 5 joined as Post Clerk at Primary Health Centre, Manjhiaon, District-Garhwa and Petitioner no. 6 joined as Computer (Sanganak) at Primary Health Centre Manjhiaon, District Garhwa. The services of the Petitioner nos. 1, 2 and 4, 6 were also confirmed vide order dated 15.03.1990, 24.11.1989 and 03.11.1989 by the respondent-authority. While in service, the payment of salary of the petitioners were withheld upon which the petitioners and others filed C.W.J.C Nos. 1956, 2024, 1394 and 2506 of 1990(R). This Court vide order dated 05.09.1991 quashed the order of the respondents by which salaries of the petitioners were withheld. Accordingly, the payments were made to the petitioners. On 01.11.1991, the petitioners were asked to file show-cause regarding their grievances upon which the petitioners filed C.W.J.C No. 2950 of 1991 which was heard and by order dated 03.01.1992 the said writ petition was referred to the Full Bench for consideration of the nature and 2026:JHHC:5200 3 mode of appointment/termination of the petitioners without affording personal hearing in view of Hon’ble Supreme Court decision. Vide order dated 21.04.1992, the Full Bench directed the respondent no. 2 to pass reasoned and speaking order after affording opportunity of personal hearing to the petitioners on the point as to whether their appointment was legal/illegal, regular/irregular; however, due opportunity of hearing was not given to them. Being aggrieved by the action of the respondent-authority, the petitioners have filed the instant writ application. 3. Learned Amicus submits that the respondent no.2 voluntarily with ulterior motive has violated the order dated 21.04.1992 passed by this Court in C.W.J.C No. 2950 of 1991. It has been submitted that the petitioners were terminated for the reason that their appointments were illegal. He submits that five members Committee was constituted to enquire into the matter but the report submitted by the three members was challenged and decided by the Patna High Court on 06.10.2009 but the case of the petitioners could not be considered because of the bifurcation of the State. Learned Amicus further submits that it is an admitted position that the petitioners are appointed in un-divided Bihar and the similar issues have been decided by the Patna High Court therefore the benefit of the judgment is to be given to the petitioners also as they are similarly situated and terminated on the similar fashion and from the same department as that of the employee of erstwhile State of Bihar. 4. Learned counsel for the respondents submits that the services of the petitioners were not confirmed and after enquiry the services of the petitioners were found illegal, hence their services were cancelled by the Health Commissioner, Bihar, Patna. It is submitted that on 11.03.1992 the Health Commissioner, Bihar Patna personally heard the matter after filing show cause on behalf of the illegal appointee. It has further been submitted that after the order passed by the Full Bench dated 21.04.1992, order of 2026:JHHC:5200 4 termination from service was passed on 30.05.1992. 5. Having gone through the submissions advanced by the learned counsel for the parties and the impugned order dated 30.05.1992, it is apparent that while passing the order with respect to the employees, certain points were determined and concerned employees were given 15 days’ time to submit their reply. Further, the petitioners have assailed the impugned order solely on the ground that no opportunity was given to them while terminating their services in compliance of the directions passed by the Hon’ble Full Bench of this Court in C.W.J.C No. 2950 of 91(R) but the said stand of the petitioners appears to be contrary in the light of the fact that 15 days’ time was provided to the delinquent employees. 6. From perusal of Annexure-10, it appears that since no procedure was followed at the time of appointment which was in violation of Article 16 of the Constitution of India; the services of the employees including the petitioners were rightly terminated as the petitioners have failed to substantiate their stand with regard to the aforesaid point in the entire writ application. 7. Furthermore, the petitioners have also thrown challenge to Annexure-18 of writ application whereby their claim for re-appointment has again been rejected by the State of Jharkhand. After going through Annexure-18, it is apparent that the respondent-authorities while passing the order has taken into consideration the fact that at the time of appointment, no proper procedure was adopted by the appointing authority and as such the appointments were illegal. 8. Considering the aforesaid facts, this Court is of the view that no interference is required with regard to the impugned order as the initial appointment of the petitioners was made without following the procedure as mentioned above and after the direction passed by the Full Bench of this Court; due opportunity was given to all the employees including the petitioners to defend their claim. 2026:JHHC:5200 5 9. Even otherwise, the initial order of termination was passed way back in the year 1992 and thereafter just with an ulterior motive the petitioners have again approached the respondent-authorities after bifurcation of the State of Bihar which is after a lapse of considerable period of time. As a matter of fact, the challenge made to the impugned order is not sustainable and is liable to be, and, is hereby, dismissed. 10. Resultantly, the writ application stands dismissed. 11. The Secretary, Jharkhand High Court Legal Services Committee shall reimburse the learned Amicus on submission of bills. Fee of the learned Amicus shall be Rs.5000/- per appearance, subject to the maximum ceiling as per the Rules. 12. Let a copy of this order be given to the Secretary, Jharkhand High Court Legal Services Committee. (Deepak Roshan, J.) 18th February 2026 Amit Uploaded on 01/04/2026