IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5730 OF 2005 1. MANTOSH MANJHI, SON OF LATE RAMADHAR MANJHI, RESIDENT OF VILLAGE BELWASA, POST OFFICE HUSSAINGANJ, POLICE STATION ANDAR, DISTRICT SIWAN. AT PRESENT, WORKING AS A KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-ANDAR, DISTRICT SIWAN 2. HARE SHYAM YADAV, SON OF LATE RAM EKBAL YADAV, RESIDENT OF VILLAGE AND POST OFFICE HABIB NAGAR (MISHRAWALI), POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-BARHARIA, DISTRICT SIWAN 3. RAMADHAR PRASAD, SON OF SHRI JAGARNATH PRASAD, RESIDENT OF VILLAGE BANGALI PAKARI, POST OFFICE & POLICE STATION SIWAN, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL- HUSSAINGANJ, DISTRICT SIWAN 4. LAKHAN SHARMA, SON OF SHRI RAGHUNATH SHARMA, RESIDENT OF VILLAGE AND POST OFFICE HATHAURA, POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-GOREYAKOTHI, DISTRICT SIWAN 5. CHANDRA MOHAN SHARMA, SON OF SHRI RAGHUNATH SHARMA, RESIDENT OF VILLAGE HATHAURA, POST OFFICE HATHAURA, POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-DARAULI, DISTRICT SIWAN 6. DINESH KUMAR YADAV, SON OF SHRI SINGASAN YADAV, RESIDENT OF VILLAGE AND POST OFFICE HABIB NAGAR (MISHRAWALI), POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-ANDAR, DISTRICT SIWAN 7. BACHCHU RAM, SON OF SHRI RAM PRASAD RAM, RESIDENT OF VILLAGE PAKWALIA, POST OFFICE SIWAN, POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-HUSSAINGANJ, DISTRICT SIWAN 8. SHAMBHU RAM, SON OF SHRI SHEONATH RAM, RESIDENT OF VILLAGE PAKWALIA, POST OFFICE SIWAN, POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-HUSSAINGAJ, DISTRICT SIWAN 9. HARINANDAN CHOUDHARY, SON OF SHRI NANDJEE YADAV, RESIDENT OF VILLAGE BARWA, POST OFFICE ASHAW, POLICE STATION ANDAR, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-ANDAR, DISTRICT SIWAN 10. VAKIL CHAUDHARY, SON OF SHRI KEDAR CHOUDHARY, RESIDENT OF VILLAGE BARWA, POST OFFICE ASHAW, POLICE STATION ANDAR, 2 DISTRICT SIWAN. AT PRESENT, WORKING AS KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-ANDAR, DISTRICT SIWAN 11. SHEONATH SAH, SON OF SHRI RATANDEO SAH, RESIDENT OF VILLAGE CHAJAWA, POST OFFICE BALIA, POLICE STATION ANDAR, DISTRICT SIWAN. AT PRESENT, WORKING AS SHRESHTHA KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL-SIWAN, DISTRICT SIWAN 12. SUBHASH CHAUDHARY, SON OF SHRI BRAHMADEO CHAUDHARY, RESIDENT OF VILLAGE & POST OFFICE HABIB NAGAR, POLICE STATION HUSSAINGANJ, DISTRICT SIWAN. AT PRESENT, WORKING AS KSHETRIYA KARYAKARTA IN MALARIA DEPARTMENT, ANCHAL- HUSSAINGANJ, DISTRICT SIWAN ……………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY, PERSONNEL, ADMINISTRATION AND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4. THE CHIEF MALARIA OFFICER, BIHAR, SULTANGANJ, PATNA 5. THE ESTABLISHMENT COMMITTEE THROUGH ITS CHAIRMAN THE COLLECTOR CUM DISTRICT MAGISTRATE, SIWAN 6. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, SIWAN 7. THE DISTRICT MALARIA OFFICER, SIWAN 8. THE DEPUTY DEVELOPMENT COMMISSIONER, SIWAN 9. THE SUB DIVISIONAL OFFICER, SIWAN 10. THE SUB DIVISIONAL OFFICER, MAHARAJGANJ, DISTRICT SIWAN 11. THE EXECUTIVE ENGINEER, P.H.E.D., SIWAN 12. THE EXECUTIVE ENGINEER, BHAWAN DIVISION, SIWAN 13. THE DISTRICT EMPLOYMENT OFFICER, SIWAN ………………………………………………………………………….RESPONDENTS ********* FOR THE PETITIONERS :- MR. UMESH KUMAR MISHRA, ADVOCATE FOR THE S T A T E :- MR. AMARENDRA KUMAR, AC TO GP 8 ********* 4 18/01/2011 I.A. No. 5425 of 2005 has been filed for making correction in the numbering of Annexure 16 and 19. It is submitted that it should be treated as Annexure 21 and 22. I.A. No. 5425 of 2005 is allowed. 3 The petitioners base their claim on an order passed by this Court as contained in Annexure-14 passed in CWJC No. 1769 of 2001, dated 12.02.2001. The petitioners, who were seasonal employees of the Department of Health for malaria eradication programme, had come to this Court for being regularized in the Health Department. This Court by its order aforesaid, directed the District Magistrate to act in accordance with the Government decision, dated 27.12.1991 and prepare a panel for appointment of Class-IV posts in the Mufassil Offices in the district of Siwan. The decision of the Government envisages that the Seasonal employees should be given preference over the outsiders. Counsel for the petitioners submits that although the petitioners have been empanelled in the year 2004, the State has not acted on the said decision taken by it earlier and has not taken any steps to absorb the services of the petitioners. The matter may be brought to the notice of the Commissioner, Health Department who will consider the decision of the State Government, the order of this Court and whether there is any requirement and vacancy in the Class-IV posts. Since the matter relates to a decision taken in the year 2001, it is not possible for this Court at this stage to given any positive direction for 4 absorption/regularization or for issuing advertisement for the purpose of considering the claim of regularization of the petitioners, given the fact that it would be prerogative of the State Government to consider whether there is a requirement of Class-IV employees in the District. This writ application is thus disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )