IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9121 of 2006 JAN SWASTH RAKSHAK SANGH,PRIMAry Health Centre, Punpun through its president Satnarayan Das son of late Jangal Das, resident at village- Manorah, P.S. Punpun, District- Patna… Petitioner. Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Health Government of Bihar, Patna. 2. Commissioner-cum-Secretary Department of Medical Family Welfare and Indegenous Medicine Government of Bihar, Patna. 3. Additional Secretary Department of Health Medical Education and Family Welfare Government of Bihar. 4. Civil Surgeon cum-Chief Medical Officer, Patna. 5. Incharge Medical Officer, Primary Health Centre, Pupun, District- Patna. 6. District Magistrate, Patna…. Respondents. ----------- 2. 13.08.2010 Heard counsel for the petitioner and counsel for the State. The following prayer of the petitioner: “1. That the present application is for issuance of a writ in the nature of writ of mandamus directing the respondents to declare “Jan Swasth Rakshak” as Government servant and they shall also be paid minimum salary as fixed by the State Government because the members of the Jan Swasth Rakshak Sangh are working continuously from last twenty six years (nearly) and they are only paid rupees 50/- (fiftey per month, which is not only irrational but atany way the same is in clear violation of Article 23 of the Constitution of India as the Members of the aforesaid Sangh are mini-mum required to be paid salary as fixed by the State Government from time to time but they are not getting even the minimum salary which are required to be paid to the labourers. Who are working on daily rated basis and accordingly a direction 2 be given for payment of minimum daily rated pay the members of the Sangh from the date they are working as “Jan Swasth Rakshak” and/or pass such other order/orders as your lordhips may deem fit and proper.” cannot be allowed by this Court as there is no statutory provision which requires Government of Bihar to treat Jan Swasth Rakshak as government servant. The scheme which was floated by the Central Government was abandoned way back in the year 2002 and therefore any voluntary health worker cannot claim to have become government servant only because he was at one point of time associated in the said scheme. The prayer of the petitioner has also lost significance in view of the fact that even the payment of Rs.50/- per month as voluntary health worker came to an end on 1.4.2002 and thereafter there is nothing on record to show that the petitioner has been continued as voluntary health worker. Reliance placed by the petitioner on the order of this Court dated 21.4.2006 in CWJC No. 2169 of 2001 which was filed at a point of time in the year 2001 when the scheme was still continuing inasmuch as it came to an end only on 1.4.2002 would be also of no avail 3 inasmuch as therein also this Court had held a person working as Voluntary Health Worker with honorarium of Rs.50/- per month would not be entitled for regularization in government service. If however the petitioner wants the payment of minimum wages, the remedy for him will be under Minimum Wages Act, which is a self contained code for claiming payment of salary. That being so, this writ petition is wholly misconceived and is, accordingly, dismissed. kanchan/ ( Mihir Kumar Jha, J.)