CIVIL WRIT JURISDICTION CASE No. 11857 OF 1992 WITH CIVIL WRIT JURISDICTION CASE No. 2123 OF 2001 ***** ( In the matter of applications under Articles 226 & 227 of the Constitution of India ) ****** 1. ALL INDIA HEALTH GUIDE UNION THROUGH ITS GENERAL SECRETARY 2. MADAN MOHAN SINGH, SON OF SHRI RAMDHANI SINGH, GENERAL SECRETARY, ALL INDIA HEALTH GUIDE UNION, BIHAR BRANCH, AT AND POST OFFICE KUDRA, POLICE STATION KUDRA, DISTRICT BHABHUA (ROHTAS) 3. PRABHUNATH SINGH, SON OF SHRI ATMA NARAYAN SINGH, VICE PRESIDENT, ALL INDIA HEALTH GUIDE UNION, RESIDENT OF VILLAGE MISHROLIYA, POST OFFICE SAKADDI, POLICE STATION JALALPUR, DISTRICT SARAN …………………………………………………PETITIONERS (CWJC 11857 OF 1992) VERSUS 1. THE UNION OF INDIA 2. THE MINISTRY OF HEALTH AND FAMILY WELFARE, RURAL HEALTH DIVISION, GOVERNMENT OF INDIA, NEW DELHI, THROUGH ITS SECRETARY 3. THE JOINT SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE (RURAL HEALTH DIVISION), GOVERNMENT OF INDIA, NEW DELHI 4. THE DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA THROUGH ITS SECRETARY 5. THE DEPARTMENT OF HEALTH, EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR THROUGH ITS SECRETARY 6. THE ADDITIONAL DIRECTOR, DEPARTMENT OF FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 7. THE COMMISSIONER –CUM- HEALTH SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA …………………………………………RESPONDENTS (CWJC 11857 OF 1992) WITH 1. BIRENDRA JHA, SON OF LATE DAHU JHA, RESIDENT OF VILLAGE AND POLICE STATION SABOUR, DISTRICT BHAGALPUR 2. RAM PRAVESH SINGH, SON OF SHRI NITA RAM SINGH, RESIDENT OF VILLAGE PIPRA, POLICE STATION SABOUR, DISTRICT BHAGALPUR 3. HRIDYA NARAYAN SINGH, SON OF LATE SHIVDENI SINGH, RESIDENT OF VILLAGE AND POST OFFICE PARGHARI, POLICE STATION SABOUR, DISTRICT BHAGALPUR 4. ADHIK LAL SINGH, SON OF LATE BHIM PRASAD SINGH, RESIDENT OF VILLAGE SWARUP CHAK, POLICE STATION SABOUR, DISTRICT BHAGALPUR 5. JIV LAL YADAV, SON OF LATE MOTI YADAV, RESIDENT OF VILAGE FAJILPUR, POLICE STATION LODIPUR, DISTRICT BHAGALPUR 2 6. MD. SAKIR ALI, SON OF MD. MANIR UDDIN, RESIDENT OF VILLAGE PITHANA, POLICE STATION LODIPUR, DISTRICT BHAGALPUR 7. INDRDEO MANDAL, SON OF LATE SHITAL MANDAL, RESIDENT OF VILLAGE ARYA TOLA SABOUR, POLICE STATION SABOUR, DISTRICT BHAGALPUR 8. MD. UJJIR, SON OF LATE HAJI MOHID, RESIDENT OF VILLAGE KURUDIH, POLICE STATION LODIPUR, DISTRICT BHAGALPUR 9. RAMDEV THAKUR, SON OF LATE THAKUR PRASAD THAKUR, RESIDENT OF VILLAGE TATPUR RANGA, POLICE STATION SABOUR, DISTRICT BHAGALPUR 10. BACHCHAN MANDA, SON OF LATE MANCHU MANDAL, RESIDENT OF TAHWALPUR, POLICE STATION LODIPUR, DISTRICT BHAGALPUR 11. SHRI HALDHAR PRASAD YADAV, SON OF SHRI MUTTO PD YADAV, RESIDENT OF VILLAGE AND POST OFFICE AGARPUR, POLICE STATION LODIPUR, DISTRICT BHAGALPUR 12. LAXMAN MANDAL, SON OF SHRI SITARAM MANDAL, RESIDENT OF VILLAGE BIRNOUDH, POST OFFICE HORADIH, POLICE STATION LODIPUR, DISTRICT BHAGALPUR 13. SIWAN DAS, SON OF LATE SOGESHWAR DAS, RESIDENT OF VILLAGE AND POST OFFICE SABOUR, DISTRICT BHAGALPUR 14. RANJEET PD. YADAV, SON OF LATE LUTTAR YADAV, RESIDENT OF VILLAGE KASIL, POST OFFICE PAKHARI, POLICE STATION SABOUR, DISTRICT BHAGALPUR 15. RAM BILASH HARIJAN, SON OF SHRI CHHEDI HARIJAN, RESIDENT OF VILLAGE BAIJNATHPUR, POST OFFICE PAKHARI, POLICE STATION SABOUR, DISTRICT BHAGALPUR 16. MANORAMA MANO, SON OF LATE JAGDIV PD. SINGH, WIFE OF SHRI MAHESH PD. SINGH, RESIDENT OF VILLAGE JHURKKARIYA, POST OFFICE BAHADURPUR, DISTRICT BHAGALPUR 17. USHA KUMARI, WIFE OF SHRI SUMIT MANDAL, RESIDENT OF VIALGE JHURRKARIYA, POST OFFICE BAHADURPUR, DISTRICT BHAGALPUR 18. USHA KUMARI, WIFE OF SHRI JHARU PD. SINGH, RESIDENT OF VILLAGE AND POST OFFICE BAHADURPUR, DISTRICT BHAGALPUR 19. MAHENDRA MANDAL, SON OF SHRI SOHAN MANDAL, RESIDENT OF VILLAGE RAJADIPUR, P.O. AND P.S. SABOUR, DISTRICT BHAGALPUR 20. MAHAVIR MANDAL, SON OF LATE BILESHWAR MANDA, RESIDENT OF VILLAGE DHAKAKAR, P.O. BAHADURPUR, P.S. SABOUR, DISTRICT BHAGALPUR 21. PRASADI RAVI DAS, SON OF LATE BRAHMADEO RAVI DAS, RESIDENT OF VILLAGE CHAYCHAK MAMLAKHA, P.O. MAMLAKHA, P.S. SABOUR, DISTRICT BHAGALPUR 22. MAHENDRA PRASAD MANDAL, SON OF LATE MOHAN MANDAL, RESIDENT OF VILLAGE KIUDDINPUR CHOWKA, P.O. AND P.S. SABOUR, DISTRICT BHAGALPUR 23. MD. JAHIRUDDIN, SON OF MD. NURUL HASAN, RESIDENT OF VILLAGE AND PO PITHANA, P.S. LODIPUR, DISTRICT BHAGALPUR 24. UTTAM KUMAR SON OF SHRI RAMDEV MANDAL, RESIDENT OF VILLAGE RANI TALAV, P.S. FATEHPUR, DISTRICT BHAGALPUR 3 25. SURESH PD. THAKUR, SON OF SHRI BHADO THAKUR, RESIDENT OF VILLAGE MASADU, P.O. MAMLAKHA, P.S. SABOUR, DISTRICT BHAGALPUR 26. SHRI MRITYUNJAY KUMAR SINGH, SON OF SHRI RAM KUMAR SINGH, RESIDENT OF VILLAGE AND P.O. PARDHARI, P.S. SABOUR, DISTRICT BHAGALPUR 27. SHRI NAGINA DAS, SON OF LATE SUKHAY DAS, RESIDENT OF VILLAGE AND PO AGARPUR, P.S. LODIPUR, DISTRICT BHAGALPUR 28. MD. ABU SHAHID, SON OF MD.ISRAIL, RESIDENT OF VILLAGE BANSHITIKAR, PO JICHHHO, P.S. SABOUR, DISTRICT BHAGALPUR 29. SMT. URMILA DEVI, WIFE OF JANARDHAN PD. SINGH, RESIDENT OF VILLAGE KAHNKITTA, PO AND P.S. SABOUR, DISTRICT BHAGALPUR 30. YAMUNA PD. MANDAL, SON OF LATE MUNNA MANDAL, RESIDENT OF VILLAGE DHIYA, PO PRASTDIH, P.S. SABOUR, DISTRICT BHAGALPUR 31. KIRAN KUMARI, WIFE OF SHASHIDHAR PD. SINGH, RESIDENT OF VILLAGE LAILAKH, PO MAMLAKHA, P.S. SABOUR, DISTRICT BHAGALPUR 32. SUSHILA DEVI, DAUGHTER OF LATE KHAGENDRA MANDAL, WIFE OF BADRI PD. SINGH, RESIDENT OF VILALGE KASIL, PO PARDHARI, P.S. SABOUR, DISTRICT BHAGALPUR 33. RAJENDRA PD. MANDAL, SON OF LATE RAMPHAL MANDAL, RESIDENT OF VILALGE AND PO MAMLAKHA, P.S. SABOUR, DISTRICT BHAGALPUR 34. KRISHNA MOHAN PODDAR, SON OF LATE BHOLA PODDAR, RESIDENT OF VILLAGE AND PO RAJPUR, P.S. SABOUR, DISTRICT BHAGALPUR 35. MRITYUNJAY KUMAR VERMA, SON OF SHRI NARESH MOHAN PRASAD, RESIDENT OF VILLAGE KALALI CHOWK, SABOUR, P.S. SABOUR, DISTRICT BHAGALPUR 36. DINESH PRASAD YADAV, SON OF LATE PALTU PD. YADAV, RESIDENT OF VILLAGE MIRJAPUR, PO RAJPUR, P.S. SABOUR, DISTRICT BHAGALPUR 37. GANGA RAM, SON OF LATE JHAKSU RAM, RESIDENT OF VILALGE CHHOTI DOSTAINI, PO DANDA BAZAR, P.S. LODIPUR, DISTRICT BHAGALPUR 38. BRAJ BHUSHAN SINHA, SON OF SHRI BANARASI PD. SINGH, RESIDENT OF VILLAGE KHANKITTA, PO SABOUR, P.S. SABOUR, DISTRICT BHAGALPUR ………………………………………………………….PETITIONERS (CWJC 2123/2001) VERSUS 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE (RURAL HEALTH DIVISION), GOVERNMENT OF INDIA, NEW DELHI 2. THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE (RURAL HEALTH DIVISION), GOVERNMENT OF INDIA, NEW DELHI 3. THE JOINT SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE (RURAL HEALTH DIVISION), GOVERNMENT OF INDIA, NEW DELHI 4. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 5. THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 4 6. THE SECRERTARY, DEPARTMENT OF HEALTH, EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 7. THE ADDITIONAL DIRECTOR, DEPARTMENT OF FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 8. THE COMMISSIONER –CUM- HEALTH SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA ………………………………………………..RESPONDENTS (CWJC 2123 OF 2001) ******************** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. These two writ applications have been filed with a prayer that the honorarium paid to the Health Guides should be fixed on the basis of the pay scale given to the Basic Health Workers. It has been stated that a paltry sum of Rs. 50 is insufficient and amounts to discrimination as the work taken from the Health Guides is equivalent to the work taken from the Basic Health Workers. 2. Nobody appears on behalf of the petitioners. 3. It appears that these two writ applications have become infructuous due to lapse of time. 4. These two applications are dismissed as infructuous. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 23rd MARCH, 2011 N.A.F.R./ANAND