IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 4486 of 2009 1. SUNIL KUMAR ROY SON OF SRI BISHUNDEO MANDAL, RESIDENT OF VILLAGE-SINGHIYA MAKANDPUR, P.O.- MAKANDPUR, P.S.-GOPALPUR, DISTRICT-BHAGALPUR 2. BALMIKI SHARMA, SON OF LATE MOHAN SHARMA, VILLAGE-DHRUBGANJ, P.O.+P.S.-KHARIK BAZAR, DISTRICT-BHAGALPUR 3. PRAVIN KUMAR SINGH, SON OF LATE RAM PRASAD SINGH, VILLAGE-RATANPURA, P.O.-BHAGWANPURA, P.S.-KHARIK BAZAR, DISTRICT-BHAGALPUR 4. UMESH HARIZAN, SON OF ANIK HARIZAN, VILLAGE- NAWADA, P.O. – MAKHATAKIYA, P.S.-NAUGACHIA, DISTRICT-BHAGALPUR 5. YOGENDRA PRASAD SINGH, SON OF SHRI JANARDAN PRASAD SINGH, VILLAGE+ P.O.-TELGHI, P.S.-KHARIK BAZAR, DISTRICT-BHAGALPUR 6. ARJUN PRASAD SAH, SON OF LAE JHURAN PRASAD SAH, VILLAGE+P.O.-KHARIK BAZAR, P.S. – KHARIK, DISTRICT-BHAGALPUR 7. BHOLA SINGH, SON OF SRI PARO SINGH, VILLAGE + P.O. – MAKHATAKIYA, P.S.-NAUGACHIA, DISTRICT – BHAGALPUR 8. ASHUTOSH KUAMR GUPTA, SON OF LATE SHASHI BHUSHAN SAH, VILLAGE + P.O. – MIRZAFARI, P.S. – KHARIKA BAZAR, DISTRICT – BHAGALPUR 9. BHIKHERNDAR PRASAD DAS, SON OF LATE BANARSI DEO, VILLAGE + P.O. + P.S. – KHARIK BAZAR, DISTRICT- BHAGALPUR 10. LUKHO PASWAN, SON OF SHRI BASANT PASWAN, VILLAGE + P.O. + P.S. – KHARIK BAZAR, DISTRICT – BHAGALPUR ……………… PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HEALTH DEPARTMENT, MEDICAL EDUCATION AND FAMILY WELFARE, BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, BHAGALPUR, DISTRICT – BHAGALPUR 5. THE DISTRICT MALARIA OFFICER, BHAGALPUR, DISTRICT – BHAGALPUR 6. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, BHAGALPUR …………….. RESPONDENTS ----------- For the Petitioner: Mr. Sharda Nand Mishra, Adv. Mr. Dhananjay Kumar, Adv. Mr. Deepak Kumar, Adv. For the State: Smt. Shail Kumari (S.C.-23) ***** 02. 26.07.2011 Heard learned Counsel for the petitioners and 2 the State. Petitioners, working as DDT Sprayers, are seasonal employees of the State in Anti-Malaria Drive. Their prayer is for a direction to the Respondents for considering their cases for appointment on Class-IV post giving priority, in their order of seniority while preparing a panel of employees working as DDT Sprayer. Earlier also, some working DDT Sprayers of Sitamarhi District has approached this Court by filing C.W.J.C. No. 7543 of 1999 and the Writ Application was disposed of directing the District Magistrate and the Chief Malaria Officer for preparing a panel, so that in case of availability of vacancies, proper appointment letters can be issued in favour of persons included in the panel. Counsel for the petitioners submits that in the light of this Order, they approached the District Magistrate, Bhagalpur as well as Civil Surgeon-cum- Chief Medical Officer, Bhagalpur with a prayer to prepare a panel of DDT Sprayers in order of seniority so that their names may be considered for appointment on priority basis against the future vacancies. Petitioners’ prayer was refused on two grounds. Firstly, that the order in the earlier Writ Application had been passed in favour of DDT Sprayers of Sitmarhi District. Secondly 3 that the nature of work of DDT Sprayers is such that none of them have completed 240 working days continuously for five years, which is necessary for being empanelled and for consideration against any vacancy of Class-IV post. Counsel for the petitioners submits that in a similarly situated application, filed on behalf of the persons, who are seasonal employees for spraying DDT in Districts of Bhagalpur, Sheikhpura and East Champaran, an order has been passed by this Court in C.W.J.C. No. 15591 of 2008 and analogous cases. So far 240 working days condition is concerned for empanelment of persons like petitioners and for consideration of their cases for appointment against Class-IV vacancies, it has been held that empanelment of seasonal DDT Workers is not subject to the condition that they may have worked for 240 days because by nature of their duties itself it is not possible. So far empanelment is concerned it only make them entitled for being considered in order of their seniority and does not ensure any employment. A direction, accordingly, had been issued to the Collector of the District to prepare a panel as being recommended by the Chief Medical Officer-cum-Civil Surgeon of the respective 4 District. All seasonal DDT Sprayers, continuing since 1991, were directed to be empanelled upon being recommended by the Civil Surgeon and the District Magistrate was directed not to refuse the empanelment. This Writ Application is being disposed of in similar terms. The District Magistrate, Bhagalpur has already been directed vide Order dated 22.04.2011 in case of similarly situated persons, that direction will be applicable in the case of petitioners also. Their names have also been recommended by the Civil Surgeon-cum- Chief Medical Officer, Bhagalpur, as such, the District Magistrate, Bhagalpur will prepare a panel in order of seniority. The District Magistrate, Bhaglapur will prepare a panel as per recommendation made by the Chief Malaria Officer, Bhagalpur as well as the Civil Surgeon, Bhagalpur. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)