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Judgment
Heard counsel for the appellant and counsel for the
State.
The order under challenge is dated 15.03.2010 passed
by the learned single Judge in C.W.J.C. No. 16030 of 2009. The
appellant, who was one of the petitioners before the writ Court,
sought quashing of a condition of re-appointment on the post of
Basic Health Worker wherein a categorical condition was
incorporated in the letter of their appointment in following words:
"VERNACULAR MATTER OMITTED"
This condition was sought to be assailed after the
joining by the appellant and working for a couple of years on the
ground that the same is illegal and prejudicial to the interest of the
petitioner.
The learned single Judge took note of the deficiency of
pleadings and evidence with regard to such appointments,
continuance and re-engagement. In addition to that the Court has also
recorded that the terms and conditions of such re-appointment or re- engagement was part of a package deal and if the appellant accepted
the same, he cannot be allowed to challenge in retrospect. There has
also been kind of delay in assailing such a decision that they will not
be allowed for payment of salary for the period they were removed
earlier with effect from 17.06.2003 till they came to be re-appointed
on 12.11.2007 after the recommendation and evaluation by a
committee.
Be that as it may, the Court does not find any illegality
in the order of the learned single Judge in refusing to extend any
relief or allowing any prayer so made in the writ application.
Appeal has no merit. It is dismissed.