IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 2045 of 2006
1 Mousmi DDT Chhirkao Karamchari Sangh, District Branch, Samastipur, P O, P
S & District - Samastipur through its Secretary Guru Sharan Sahni, son of Sri
Ram Sakal Sahni resident of village - Jitwarpur Nizamat, P O - Samastipur
College, P S - Mufassil, District - Samastipur
2 Mahesh Rai, son of Rameshwar Rai, President of Mousmi DDT Chhirkao
Karamchari Sangh, District Branch, Samastipur and resident of village -
Hakimabad, P O - Kharaj - Jitwarpur, P S - Mufassil, District - Samastipur
3 Ram Bhahdur Paswan, son of Sri Maghan Paswan, Vice President of Mousmi
DDT Chhirkao Karamchari Sangh, District Branch, Samastipur and resident of
village - Ekawara, P O & P S - Singhia, District - Samastipur
4 Guru Sharan Sahni, son of Sri Ram Sakal Sahni, Secretary of Mousmi DDT
Chhirkao Karamchari Sangh, District Branch, Samastipur and resident of
village - Zitwarpur Nizamat, P O - Samastipur College, P S - Mufassil,
District - Samastipur
5 Raj Kumar Mahto, son of Sri Domi Mahto, Joint Secretary of Mousmi DDT
Chhirkao Karamchari Sanch, District Branch, Samastipur and resident of
village - Bhuswar, P O - Bibhutipur, P S - Bibhutipur, District - Samastipur
6 RAjendra Mahto, son of late Bhulo Mahto, Treasurer of Mousmi DDT
Chhirkao Karamchari Sangh, District Branch, Samastiur and resident of village
& P O - Kapan, P S - Bibhutipur, District - Samastipur
7 District Magistrate, Samastipur - Petitioners
Versus
1 The State of Bihar
2 The Secretary, Department of Health, Government of Bihar, Patna
3 The Director-in-Chief, Health Services, Government of Bihar, Patna
4 The Chief Malaria Officer, Bihar, Patna
5 The District Malaria Officer, Samastipur
6 The Secretary, Department of Finance, Government of Bihar, Patna
7 The Executive Director -cum- Special Secretary, State Health Society Bihar,
Parivar Kalyan Bhawan, Sheikhpura, Patna
8 Dr A K Tiwari, I/c Malaria and Kalazar Division, State Health Society, Bihar,
Parivar Kalyan Bhawan, Sheikhpura, Patna - Respondents
-----------
4 04.04.2011 Petitioner No 1 is an Association of seasonal employees and
petitioners No 2, 3, 4, 5 and 6 are its office bearers. They are also
seasonal workers and members of the said Association. Their case is that
they have been engaged year after year for a month or so in a year for
spraying DDT in kalazar endemic areas. It appears that in 1991
(Annexure-11 to the supplementary affidavit), Government took a
decision that the seasonal workers involved in spraying DDT should be
2
empanelled for preferential treatment in matters of regular employment as
Class-IV employees. Directions were, accordingly, issued. The
grievance of the petitioners is that so far as Samastipur is concerned, even
though the District Malaria Officer, as per counter affidavit, has sent the
name for empanelment to the District Collector, the District Collector has
not notified the panel and in absence thereof, Class-IV vacancies are
being considered and filled up without considering the cases of the
petitioners.
This matter was twice earlier adjourned for District
Magistrate, Samastipur to file an appropriate counter affidavit in the
matter. Learned counsel for the State states that twice, by FAX, District
Magistrate, Samastipur has been noticed to give instructions in the matter
but he has chosen not to respond. This matter is pending before this Court
since 2006. In my view, there is no point in keeping the matter pending
any longer.
The first thing this Court is like to clarify is that petitioners
have rightly restricted relief to empanelment in the panel of seasonal DDT
sprayers in the Department of Malaria. They do not seek employment by
virtue of their empanelment because there is no policy of the Government
to give employment only to such empanelled persons. Once any vacancy
in Class-IV arises at district level on which District Magistrate -cum-
Collector is competent to make appointment, it would have to be
advertised and applications from all persons, desirous and qualified,
would be called for. If petitioners are empanelled in such a panel, while
selection is being made, preference may be given to them with age
3
relaxation beyond which nothing more is to be done.
In that view of the matter, I direct the District Magistrate –
cum- Collector, Samastipur to act on the recommendation of the list, as
submitted by the District Malaria Officer to him in the year 2008, and,
accordingly, prepare a panel which, as stated above, would be taken into
account when any vacancy arises as such. The said actions of preparing a
panel and notifying it would be done by the District Magistrate -cum-
Collector, Samastipur within two months of production of a copy of order
of this Court before him. The responsibility of carrying out the directions
of this Court would be squarely upon the District Magistrate aforesaid. If
the District Magistrate does not prepare such a panel within the period
specified above, petitioners would be at liberty to initiate proceedings in
contempt as against him before this Court.
With these observations and directions, the writ petition is
disposed of.
M.E.H./ (Navaniti Prasad Singh)