IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1098 of 2001 1. RAMASHISH PRASAD YADAV, son of late Baldeo Yadav, resident of village and P.O. Habib Nagar (Mishrawali), P.S. Hussainganj, District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 2. Dinesh Kumar Yadav, son of Shri Singasan Yadav, resident of village and P.O. Habib Nagar (Mishrawali), P.S. Hussainganj, District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 3. Yogendra Yadav, son of Shri Daroga Yadav, resident of village and P.O. Habib Nagar (Mishrawali), P.S. Hussainganj, District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 4. Hare Shyam Yadav, son of Late Ram Ekbal Yadav, resident of village and P.O. Habib Nagar (Mishrawali), P.S. Hussainganj, District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Barharia, District Siwan 5. Lal Babu Yadav, son of late Shreepati Yadav, resident of village and P.O. Habib Nagar (Mishrawali), P.S. Hussainganj, District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 6. Sheo Nath Sah, son of late Ratan Deo Sah, resident of village Chajawa, P.O. Balia, P.S. Andar, District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Siwan, District Siwan 7. Ram Balak Prasad Gond, son of Shri Sanjeevan Prasad Gond, resident of village Raghu Hata, P.O. Basopali, P.S. and District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Barharia, District Siwan 8. Munna Chaudhary, son of Shri yugal Chaudhary, resident of village and P.O. Habib Nagar, P.S. Hussainganj, District Siwan, at present working as a Shreshta Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 9. Brij Bihari Yadav, son of Shri Mokhtar Yadav, resident of village and P.O. Habib Nagar, P.S. Hussainganj, District Siwan, at present 2 working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 10. Ram Bharosh Yadav, son of Shri Sukayee Yadav, resident of village Harihash (Ragar Tola), P.O. Harihash, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 11. Sudama Yadav, son of Shri Chandrama Yadav, resident of village Chanaur, P.S. Siwan, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 12. Parshuram Yadav, son of Shri Sheo Balak Yadav, resident of village and P.O. Chanaur, P.S. and District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 13. Dwarika Yadav, son of late Sharmadeo Yadav, resident of village Harihash (Ragar Toli) P.O. Harihash, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 14. Kanhaiya Ram, son of late Ganesh Ram, resident of village Sighwal, P.O. Tetriya, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Siwan Sadar, District Siwan 15. Bigu Ram, son of late Mahatam Ram, resident of village Singhawal, P.O. Tetriya, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Siwan Sadar, District Siwan 16. Dilip Ram, son of late Budhan Ram, resident of village Sighawal, P.O. Tetraria, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 17. Birendra Ram, son of Shri Jatan Ram, resident of village Sighawal, P.O. Tetaria, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 18. Rajalal Ram, son of Shri Chandrika Ram, resident of village Singhawal, P.O. Tetaria, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 19. Mundrika Ram, son of late Sundar Ram, resident of village Sighawal, P.O. Tetaria, P.S. Hussainganj, District Siwan, at present 3 working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 20. Sultan Ram, son of late Ganga Ram, resident of village Sighawal, P.O. Tetaria, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 21. Paras Ram, son of Shri Ram Awatar Ram, resident of village Sighawal, P.O. Tetaria, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 22. Nathuni Chaudhary, son of Shri Pancha Chaudhary, resident of village Utawar Barwa, P.O. Ashaw, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 23. Guru Charan Ram, son of Shri Harihar Ram, resident of village Sighawal, P.O. Tetaria, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Siwan Sadar, District Siwan 24. Babban Ram, son of Shri Ram Pujan Ram, resident of village Pakwalia, P.O. Siwan, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 25. Bachhu Ram, son of Shri Ram Prasad Ram, resident of village Pakwalia, P.O. Siwan, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 26. Shambhu Ram, son of Shri Sheo Nath Ram, resident of village Pakwalia, P.S. Siwan, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 27. Surendra Ram, son of Shri Sakhichan Ram, resident of village Chata Tola Hata, P.O. Chapia, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 28. Jawahar Lal Manjhi, son of Shri Gopi Chand Manjhi, resident of village and P.O. Barram, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 29. Manan Chaudhary, son of Shri Nandjee Choudhary, resident of village Hathauri Tola Ram Nagar P.O. Chapia, P.S. Hussainganj, 4 District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 30. Raman Yadav, son of Shri Bishwa Nath Yadav, resident of village Hathauri Tola Ram Nagar, P.O. Chapia, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 31. Baban Yadav, son of Shri Bishwa Nath Yadav, resident of village Hatauri Tola Ram Nagar, P.O. Chapia, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 32. Bali Ram Yadav, son of Shri Sukhayee Yadav, resident of village Harihash (Ragar Tola), P.O. Harihash, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 33. Vakil Chaudhary, son of Sri Kedar Chaudhary, resident of village Barwa, P.O. Ashaw, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 34. Suraj Deo Harijan son of Shri Yamuna Harijan, resident of village Singahi, P.O. Hussainganj, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 35. Raghu Ram, son of Shri Mukhlal Ram, resident of village Singahi, P.O. Hussainganj, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 36. Om Prakash Ram, son of late Bhoj Ram, resident of village Pipra, P.O. Kheray, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 37. Mantosh Manjhi, son of late Ramadhar Manjhi, resident of village Belwasa, P.O. Hussainganj, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 38. Satya Deo Sah, son of late Jay Dayal Sah, resident of village and P.O. Tiyay, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Basantpur, District Siwan 5 39. Chandrika Ram, son of late Jee Lal Ram, resident of village Hijhujeepur, P.O. Tiyay, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 40. Vinoda Nand Sah, son of Shri Ram Narayan Sah, resident of village and P.O. Kheray, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 41. Vidya Sagar Ram, son of Shri Gena Ram, resident of village Pipra, P.O. Kheray, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 42. Guddu Kumar Sharma, son of Shri Parmanand Sharma, resident of village Sanchipur, P.O. Pachokhar, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 43. Ashok Ram, son of Sri Gauri Shankar Ram, resident of village and P.O. Kheray, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 44. Hari Nandan Chaudhary, son of Sri Nandjee Yadav, resident of village Barwa, P.O. Ashaw, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 45. Dhanu Prasad Bhagat, son of Shri Maheshwar Bhagat, resident of village, P.O. Kheray, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 46. Harendra Mishra, son of Shri Jaleshwar Mishra, resident of village and P.O. Bardaha, P.S. Andar, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Andar, District Siwan 47. Lakhan Sharma, son of Shri Raghu Nath Sharma, resident of village and P.O. Hathaura, P.S. Hussainganj, District Siwan, at present working as a Shresta Kshetriya Karyakarta in Malaria Department, Anchal Goreyakothi, District Siwan 48. Chandra Mohan Sharma, son of Shri Raghu Nath Sharma, resident of village Hathaura, P.O. Hathaura, P.s. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in 6 Malaria Department, Anchal Darauli, District Siwan 49. Suresh Sah, son of Shri Nathuni Sah, resident of village Tilmapur, P.O. Sahpur, P.S. Mairwa, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Mairwa, District Siwan 50. Sheo Nath Bhagat, son of Sri Narayan Bhagat, resident of village and P.O. Amarpur, P.S. Darauli, District Siwan, at present working as a Shresta Kshetriya Karyakarta in Malaria Department, Anchal Darauli, District Siwan 51. Subhas Chaudhary, son of Sri Brahma Deo Chaudhary, resident of village and P.O. Habib Nagar, P.S. Hussainganj, District Siwan, at present working as a Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan 52. Ramadhar Prasad, son of Shri Jagarnath Prasad, resident of village Bangali Pakari, P.O. and P.s. Siwan, District Siwan, at present working as a Shresta Kshetriya Karyakarta in Malaria Department, Anchal Hussainganj, District Siwan … Petitioners Versu 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Health Department, Bihar, Patna 2. The Secretary, Personnel and Administrative Reforms Department, Bihar, Patna 3. The Director-in-Chief, Health Department, Bihar, Patna 4. The Chief Malaria Officer, Bihar Sultanganj, Patna 5. Establishment Committee, its Chairman the Collector cum District Magistrate, Siwan 6. The Civil Surgeon cum Chief Medical Officer, Siwan 7. The District Malaria Officer, Siwan … Respondents ----------- 7. 17.8.2010 Heard counsel for the parties. The following prayer of the petitioners in this writ application: “This is an application for issuance of an appropriate writ/writs, order/orders, direction/ directions in the nature 7 of mandamus for commanding and directing the respondent authorities to regularize/ absorb the services of the petitioners against Class IV post, which are vacant in the district cadre as per the Government directions and letters/ Memos issued by the respondent authorities from time to time for the purposes of regularization of the services of like the petitioners, i.e. seasonal employee of Malaria department and further a direction may be given to the respondents authority to regularize/ absorb the services of the petitioners on vacant posts of Class IV by preparing the panel amongst the seasonal employees who are working for so many years on different programmes in Malaria Department for spraying to eradicate Malaria and Kalazar and accordingly petitioners be given all the consequential benefits of a Govt. employee for which they are legally entitled and for other necessary relief/ reliefs on the basis of the facts and circumstances of the case.” now in view of authoritative pronouncement of the Apex Court in the case of Secretary, State of Karnataka vs. Uma Devi, reported in 8 2006(4) SCC 1, has to be considered if there be a scheme and that too by one time scheme after taking into account as to whether the initial engagement of the petitioners was made after following the mandate of Articles 14 and 16 of the Constitution of India. In that view of the matter, this case is remitted back to the Principal Secretary, Health, to examine the so called claim of the petitioners for their regularization in service. Such decision, however, would be strictly taken in conformity with the judgment of the Apex Court in the case of Uma Devi (supra) within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/