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/