1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4132 of 2006 1.JHULAN TIWARI, S/O SHRI RAMESHWAR TIWARI, R/O VILLAGE AND POST BARKA MANJHA, SIWAN, P.S. MAIRBA, DISTRICT SIWAN. 2.HARENDRA KUMAR MISHRA, S/O SHRI BANSHIDHAR MISHRA, R/O VILLAGE LAXMIPUR, POST SHRIKARPUR, P.S SIWAN, DISTRICT SIWAN. 3.SRI BALBANT RAM, S/O SHRI SHIVRAJ RAM, R/O VILLAGE REPURA, POST JIRADEI, DISTRICT SIWAN. 4.ANOOP KUMAR MISHRA, S/O SHRI RAJENDRA MISHRA, R/O VILLAGE AND POST BISBAR, DISTRICT SIWAN. 5.ASHOK KUMAR TIWARI, S/O SHRI ANIRUDH TIWARI, R/O VILLAGE AND POST BARKA MANJHA, DISTRICT SIWAN. 6.RAMESH KUMAR, S/O LATE CHANDRADEO RAM, R/O VILLAGE UGO, POST KHUJABA, P.S. RAGHUNATHPUR, DISTRICT SIWAN. 7.BINDHYABASINI CHARAN PANDEY, S/O LATE RADHAKANT PANDEY, R/O VILLAGE CHOUMARIYA, POST BISBAR, DISTRICT SIWAN. 8.BISHWANATH SINGH, S/O LATE NARAYAN SINGH, R/O VILLAGE UPADHYACHHAPAR, POST LANGARPURA, P.S MAIRBA, DISTRIC SIWAN. 9.SMT. CHARAMSHILA DEVI, D/O SRI SINGASAN RAM, R/O VILLAGE BABNA, POST KANHAULI, DISTRICT SIWAN, P.S. DARAULI. 10.KRISHNA SAH, S/O SRI RAMASHRAY SAH, R/O VILLAGE PATAKHAULI, POST KABIRUPR, P.S. MAIRBA, DISTRICT SIWAN. 11.RAMAJI SHARMA, S/O SRI GENA SHARMA, R/O VILLAGE AND POST DHONE, P.S DARAULI, DISTRICT SIWAN. 12.ANANT KUMAR YATI, S/O SRI SHASHI BHUSHAN YATI, R/I VILLAGE TALI KURMAHA, POST TALI, P.S. GUTHANI, DISTRICT SIWAN. 13.SRI AMRENDRA KUMAR AMAN, S/O LATE JEEVLAL RAM, R/O VILLAGE AND POST MACHKANA, P.S.HUSAINGANJ, DISTRICT SIWAN. 14.DIGVIJAY KUMAR SINGH, S/O SRI NARENDRA PRATAP SINGH, R/O VILLAGE KELHRUYA, POST CHITRRBAL, P.S. GUTHANI, DISTRICT SIWAN. 15.JANAKDEO PRASAD SINGH, S/O SRI SHIVJI PRASAD SINGH, R/O VILLAGE AND POST CHANCHOURA (CHAINBA), P.S.CHAINBA RASALPUR, DISTRICT CHAPRA. 2 16.RAM LALAN MANJHI, S/O SRI RAMDEO MANGHI, R/O VILLAGE DON KHURD TOLA DHODHYA, POST DHON, DISTRICT SIWAN. 17.SRI RAMASHANKAR PANDEY, S/O LATE RISHI PANDEY, R/O VILLAGE AND POST LANGARPURA, P.S. MAIRBA, DISTRICT SIWAN. 18.SHIOJI PRASAD, S/O LATE SHWAMINATH SAHU, R/O VILLAGE RAHTAUBA, POST BELAUB, P.S. DARAULI, DISTRICT SIWAN. 19.CHHOTELAL PRASAD SON OF LATE GOBARDHAN PRASAD, RESIDENT OF VILLAGE MAURITAR, POST- DUMARHAR, P.S. GUTHANI, DISTT. SIWAN. 20.YOGENDRA RAM, SON OF SRI JAGDEEP RAM, RESIDENT OF VILLAGE GARAR, POST HUSAINGANJ, DISTRICT- SIWAN, P.S. ANDAR. 21.SHYAM BAHADUR RAI, SON OF SRI CHANDESHWAR RAI, RESIDENT OF VILLAGE AND POST MADHAGAR-LAXMIRAM GOPALGANJ, P.S. HATHUA. 22.MANOJ KUMAR RAM SON OF SRI BABULAL RAM, RESIDENT OF VILLAGE HASANPURBA MODIDARI TOLA- SARABE, P.S. MUFFASIL, DISTT. SIWAN. 23.SHEOJEE CHAUDHARI, SON OF SRI BISHWANATH CHOUDHARY, RESIDENT OF VILLAGE KORRA PATRALAYA BISHUNPURA- BABU, P.S. MAIRBA, DISTT.-SIWAN. 24.VIJAY KUMAR PRASAD, SON OF SRI SHINGHASAN PRASAD, RESIDENT OF VILLAGE- BAHAPUR, POST- MUSTPHABAD, DISTRICT- SIWAN. 25.JAGDISH PRASAD SRIVASTAVA, SON OF LATE DHARMNATH PRASAD SHRIVASTAVA, RESIDENT OF VILLAGE BALIYA, POST- KRISHNAPALI, P.S. DARAULI, DISTT.- SIWAN. 26.ARUNKUMAR SRIVASTAVA, SON OF LATE RAMAYAN PRASAD, RESIDENT OF VILLAGE BALIYA, POST KRISHNAPALI, P.S. DARAULI, DISTT. SIWAN. 27.NAGINA HARIJAN, SON OF FAKIR HARIJAN, RESIDENT OF VILLAGE ODIRBOR, POST- TANUYA, P.S.- GUTHANI, DISTT.- SIWAN. 28.RAMESH BHAKTA, SON OF SRI KOMAL BHAKTA, RESIDENT OF VILLAGE NATBAR, POST BELAB, P.S. DARAULI, DISTT. SIWAN. 29.INDU TIWARI, W/O SRI SHIVJEE TIWARI, RESIDENT OF VILLAGE AND POST TARUYANI, P.S. DARAULI, DISTT. SIWAN. 30.SUSHANT KUMAR GHOSHAL, SON OF LATE BIMLENDU GHOSHAL, RESIDENT OF VILLAGE AND POST AND P.S. MAIRBA, DISTT. SIWAN. 3 31.SATISH KUMAR PANDEY, SON OF SRI JANAKDEO PANDEY, RESIDENT OF VILLAGE AND POST – BIKASH BHARTIMALBIY NAGAR, DISTT. SIWAN. 32.SUDAMA RAM SON OF LATE JORBAN RAM, RESIDENT OF VILLAGE SALONEPUR, POST- SIWAN, DISTT. SIWAN. 33.SURENDRA HARIJAN, SON OF SRI MUKHTAR HARIJAN, RESIDENT OF VILLAGE SEMARIYA KOIRITOLA, VIA-SAMARIYA, DISTT. SIWAN. 34.SRI SURENDRA MISHRA SON OF INDRASHAN MISHRA, RESIDENT OF VILLAGE AND POST + P.S.- MARIBA, DISTT. SIWAN. 35.HARICHARAN RAM SON OF DHARIKSHAN RAM, RESIDENT OF VILAGE AND POST- DURGALISH, P.S. MAIRBA, DISTT. SIWAN. 36.HARERAM MISHRA, SON OF LATE SHINGHASHAN MISHRA, RESIDENT OF VILLAGE TARANHABAN, POST- SHUBHAL NARHABAN, P.S. GOPALPUR, DISTT.- GOPALGANJ. ..............PETITIONERS. Versus 1.THE STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, HEALTH DEPARTMENT, BIHAR, PATNA. 3.THE DIRECTOR IN CHIEF, HEALTH SERVICES, BIHAR, PATNA. 4.THE STATE LAPROSY PREVENTIVE OFFICER, BIHAR, PATNA. 5.THE DISTRICT MAGISTRATE, SIWAN. 6.THE DISTRICT LEPROSY OFFICER, SIWAN. 7.THE DISTRICT CHIEF MEDICAL OFFICER, SIWAN. .............RESPONDENTS. ----------- 08/ 22.06.2011 No one appears for the petitioners. As with regard to the following prayer of the petitioners:- “That this is an application for issuance of writ/writs in the nature of mandamus for a direction to the respondent authorities for absorption of petitioners services on the post of Para-Medical Worker/non-Medical assistant, peon and Clerk in the health service cadres on which they were 4 working (have worked for about 8 years) in pursuance of their appointment on contractual basis against the vacant and sanction post with giving age relaxation to them because petitioners were working under the Leprosy Eradication Project which has been amalgamated in the general health cadre, in which there is several post are vacant and candidature of the petitioner were being considered for absorption of their services by the respondents and for any other relief/s for which the petitioner for legally entitle too.” this Court would find that when the petitioners were appointed in the different units of Leprosy Eradication Project in the district of Siwan, it was made clear to them that their appointment was made under the scheme with the specified stipulations contained in Annexure-A to the counter affidavit reading as follows:- “For PMW and NMS initial appointment on contract basis for three years, may be extendable by one year each time till the project period. Services can be terminated with one month notice on either side. Staff on regular or deputation basis to be governed by State rules. No claim for regular appointment. In any case the services to be terminated at the end of the project period.” As a matter of fact from the perusal of Interlocutory Application No. 1847 of 2011 5 filed by the petitioners during the pendency of this writ application, it also becomes clear that the services of the petitioners were already terminated on 31.03.2004 on completion of the scheme. In that view of the matter, the prayer for regularization of the petitioners by this writ application filed on 28.03.2006, when their services had already been terminated way back on 31.03.2004, can not be allowed. A person continuing in service alone can claim for regularization of his service for the purposes of his being continued in future. As the services of the petitioners have been terminated, in view of the aforesaid clear stipulations made in their order of appointment which was in fact completely contractual in nature, this Court will have no hesitation in holding that the prayer made in this writ application right from inception was wholly misconceived. That being so, this application is devoid of any merit and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.) 6