CIVIL WRIT JURISDICTION CASE No.5538 OF 1996 ------------ IN THE MATTER OF AN APPLICATION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ------------- Prashikshit Mahila Barojgar Swasthya Karyakarta (ANM), Zila Shakha Sitamarhi through its Secretary, Anita Sinha daughter of Sri Ram Bishesh Singh, resident of village & P.O. Morsand, P.S. Runisaidpur, District-Sitamarhi. -Appellant. VERSUS 1. The State of Bihar. 2. Civil Surgeon-cum-Chief Medical Officer, Sitarmarhi. 3. District Magistrate, Sitamarhi. 4. Registrar, Bihar Nurses Registration Council, Patna. -Respondents. ----------- For the appellant : Mr. Yogendra Mishra. For the respondents : Mr. Gajendra Nath Ojha, AC to GA-II. ---------- P R E S E N T THE HON'BLE MR. JUSTICE NAVANITI PRASAD SINGH -------------- Navaniti Prasad Singh, J. The petitioner is an unregistered organization of Auxiliary Nurses Midwifery (A.N.M.). Their grievance is that they had undertaken this course, which is a two years full time residential course conducted by the State and, on completion thereof they were made to sign bond that they would be obliged to serve the Government for a minimum of five years, failing which they would have to repay the entire cost incurred on their teaching and training. They graduated in the year 1992-93. Some of them, who graduated during this period, were employed in Sitamarhi district on permanent basis but till date some are being forced to take up employment on contractual basis for short periods of 11 months with no assurance of continuity. It is also stated that permanent sanctioned posts are there not only in Sitamarhi but all - 2 - over the State and the State, in stead of filling up the same by making permanent employment, is exploiting situation by making contractual appointments far less than the cadre and far less than the requirement. The result is not only the petitioners and their like suffer and are suffering but the patients and the health care also suffers. Thus, the prayer is to make appointment of the petitioners on permanent basis in the cadre of A.N.M. These basic facts that there is a district wise cadre of A.N.M., that there are substantial vacancies, that the sanctioned posts are being filled up on short term contract basis, are facts which are not in dispute and are not disputed by the State. Having considered the matter, in my view, in view of the facts, as noted above, this case hardly needs any adjudication. If permanent posts are available and it is a matter of health service, this Court wonders why they are not being duly filled up by proper appointments on permanent basis as it cannot be denied that the requirement of A.N.M. is not of a short term period but is permanent requirement. No justifiable reason has been given as to why permanent appointments are not being made. No justifiable reason is forthcoming as to why all posts are not filled up all over the State. It may be noticed here that all along every year, new and new batches of A.N.M. are trained and certified by the State. Upon graduation, they are being registered with the Nurses Council but notwithstanding posts and vacancy available, permanent appointments are not being made. This Court can only observe that there is distinction between a private employer and the Government. As has been held repeatedly by - 3 - judgments, Government has to act as a model employer. It is a welfare Government with social responsibility. It cannot act like an individual and exploit the situation of scarcity of jobs, being the single largest employer. By such contractual appointments the persons apart from continuity in service do not get other benefits like annual leave, sick leave or retirement benefits nor they get pay increments. It must act fairly and reasonably. Unless there is a specific policy decision of the Government, the justifiability whereof cannot be gone into in this writ petition, at the present, to employ A.N.M. only on contract basis, State must fill up all vacant posts in the district cadre of A.N.M. by permanent appointment in accordance with law at the earliest from amongst the duly qualified persons giving preference to the earlier qualified persons over persons qualifying later. The Civil Surgeon-cum-Chief Medical Officer of the districts who are the appointing authority in this regard must act accordingly and fill up the vacant posts in accordance with law within a period of six months from today. Let a copy of this order be sent to the Director General of Health Services, Government of Bihar, Patna as well. With these observations and directions, the writ petition stands disposed of. (Navaniti Prasad Singh, J.) Patna High Court The 17th August, 2010 AFR Trivedi/