IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3708 of 2004 BIHAR RAJYA KUSHT PRAKISHITITH, PARA MEDICAL WORKER(NON MEDICAL ASSISTANT) SANGH HAVING ITS OFFICE AT GARDANIBAGH, PATNA THROUGH ITS PRESIDENT PRADEEP KUMAR. ……….PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COMMISSIONER CUM SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. STATE LEPROSY OFFICER CUM SECRETARY, DISTRICT LEPROSY COMMITTEE, PATNA. 4. CIVIL SURGEON, DISTRICT-PATNA. 5. DISTRICT MAGISTRATE, PATNA. ………RESPONDENTS. ----------- 03/ 08.11.2010 No one appears for the petitioner. Counsel for the State is present. Earlier also this application was dismissed in default on 24.01.2006 but the same was subsequently restored by an order dated 22.11.2006 in M.J.C No. 354 of 2006. The petitioners are admittedly out of service from 01.04.2004 and their prayer in this writ application reads as follows:- “ (i) For issuance of writ of Certiorari for quashing the memo No. 170 dated 11/3/2004 (Annexure-6) under the signature of District Leprosy Officer Cum Secretary of District Leprosy Committee by which a direction has been issued to discontinue with the services of the petitioner since 1/4/2004 who are presently working in the capacity of Par Medical Workers without giving any prior one month notice as contained in the agreement. (ii) to issue an appropriate writ in the nature of Mandamus commanding the respondent 2 authorities to issue orders to treat the petitioner’s who are Para medical Workers (leprosy) at par with the post of non—medical Assistant who are regular employees of the State Government as there is no any difference of working hours, duties, liabilities, qualification in between the petitioner’s and Non— Medical Assistant to release the entire unpaid TA/DA as per the government rules. (iv) To issue an appropriate writ in the nature of Mandamus commanding the respondent authorities to take appropriate suitable measures with the sole object of implementing the government policy as contained in the notification published by Personal Department Government of Bihar on 5th September 1979. (v) To issue an appropriate writ in the nature of Mandamus restraining the respondent authorities from taking any steps in furtherance of the order as contained in Annexure 6 till the pendency of the writ application. (vi) To issue an appropriate writ to fill up the vacancy/regularize the services of the petitioner in the health department, leprosy section of the government of Bihar so that the target which has been achieved with the aid and advise of the World Health Organization and Government of India is kept under control. From the pleadings on record, it is absolutely clear that the prayer of the petitioners for regularization of their service cannot be allowed, inasmuch as they were engaged on contract basis under a scheme sponsored by the Government of India as N.R.E.P which was funded by World Bank. From the counter 3 affidavit, it is also clear that that the said programme was to continue for a specified period. That is how this aspect was also made clear in the orders of initial engagement of the members of petitioner Association and others by a press communiqué dated 10.01.96. From the stand taken by the respondents in the said counter affidavit, it is also clear that Government of India had subsequently decided to reduce the number of contract workers in a phased manner in order to altogether eliminate the entire set of contract workers by 31.03.2004. The Government of Bihar therefore had acted as per the direction of the Central Government, the funding agency and in that view of the matter the order of termination of service of the members petitioner Association in effect is an order passed for abolition of the scheme. The respondents have also enclosed an order dated 22.03.2004 passed in C.W.J.C No. 11349 of 2003, wherein cases of similarly situated persons was considered by this court and was rejected holding that the appointment of such contract employees in a programme of temporary project was co-terminus with the life of the project. That being so, it is absolutely clear that the claim of the petitioners for regularization of their service is wholly misconceived and this writ application is therefore also dismissed in the same terms as recorded in the order dated 22.03.2004 in C.W.J.C No. 11349 of 2003 ( Ratnesh Kumar Pandey vs The State of Bihar and others) wherein this court has held as follows. “ After hearing learned counsel for the parties, this Court is of the considered opinion 4 that a direction to absorb the petitioners cannot be issued. It is the case of the petitioners that prior to their appointment in the said programme, advertisements were issued, interviews were taken, comparative merits of the candidates were considered and only thereafter the petitioners were appointed, therefore, their cases deserve to be considered for absorption. Undisputedly the petitioners were not appointed by the State Govt. They were not appointed by the District Leprosy Eradication Officer. If the petitioners were appointed for a Project then their services would be co-terminus with the life of the said Project/Programme. The petitioners with open eyes joined the services knowing well that they would be employed for a period of three years only. Having taken advantage of the services for 8 years now they cannot be allowed to say that they were hired and are now being fired. The petitioners, in the opinion of this Court, would only be entitled to a simple direction that in case the vacancies in regular cadre are sought to be filled by the State Govt. then the petitioners would be allowed to submit their candidatures, age relaxation would be given to them and the experience which they have now gained would also be taken into consideration as one of the criterion”. With the aforementioned observation, this application is dismissed. Ranjan ( Mihir Kumar Jha, J.)