Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2715 of 2022 ====================================================== 1.
Jitendra Kumar Son of Sudama Prasad Resident of Village- Kasim Chak, P.O.- Mohamadpur, P.S.- Deepnagar, District- Nalanda. 2.
Kundan Kumar Son of Ramshish Yadav Resident of Village and P.O.- Mafo, P.S.- Mehus, District- Sheikhpura.
3.
Shivlal Paswan Son of Rambarun Paswan Resident of Village- Asthawan, P.O. and P.S.- Asthawan, District- Nalanda.
4.
Kanak Prabha D/o Balmiki Pandey Resident of Village and P.O.- Barhana, P.S.- Barh, District- Patna.
5.
Sagar Rai Son of Arjun Kumar Resident of Village- Sherpur More, P.O. and P.S.- Warsalianj, District- Nawada.
6.
Awadhesh Prasad Son of Lakhan Mahto Resident of Village- Puran Bigha, P.O,- Pawapuri, P.S.- Giriyak, District- Nalanda. 7.
Sanjeev Kumar Son of Tripurari Prasad Resident of Village- Pank, P.O.- Keoti, P.S.- Jayrampur, District- Sheikhpura. 8.
Karan Kumar Son of Murari Ram Resident of Village- Lakshmipur, P.O.- Kajiktuk Chak, P.S.- Barbigha, District- Sheikhpura. 9.
Sippy Paswan Son of Ashok Kumar Paswan Resident of Village and P.O.- Asthawan, P.S.- Asthawan, District- Nalanda.
10.
Sonam Bharti Son of Mithlesh Prasad Resident of Village- Gotiya, P.O. and P.S.- Asthawan, District- Nalanda.
11.
Anil Kumar Paswan Son of Late Rambaran Paswan Resident of Village and P.O.- Asthawan, P.S.- Asthawan, District- Nalanda. 12.
Mandvi Kumari Wife of Kanhaiya Kumar Resident of Village and P.O.- Shubhanpur, P.S.- Jairampur, District- Sheikhpura. 13.
Munna Kumar Son of Awadhesh Singh Resident of Village and P.O.- Maghra, P.S.- Deepnagar, District- Nalanda.
14.
Kaushal Kumar Son of Ashok Prasad Singh Resident of Village- Rasalpur, P.O.- Jagai, P.S.- Oangari, District- Nalanda. 15.
Bal Bharti D/o Shivalak Prasad Resident of Village- Kanchanpur, P.O.- Mahanandpur, P.S.- Deepnagar, District- Nalanda. 16.
Anita Kumari D/o Nandlal Saw Resident of Village- Bharawpur, P.O.- Biharsharif, P.S.- Laheri, District- Nalanda. 17.
Bhushan Kumar Son of Birendra Saw Resident of Village and P.O.- Ghustawan, P.S.- Silao, District- Nalanda.
18.
Santosh Kumar Son of Ram Ratan Prasad Resident of Village- Bilashpur, P.O.- Belchi Sarai, P.S.- Manpur, District- Nalanda. 19.
Dhiraj Kumar Son of Jitendra Singh Resident of Village- Khaili Chak, P.O.- Maili Chak, P.S.- Barbigha, District- Sheikhpura. 20.
Rakesh Kumar Son of Sita Ram Mahto Resident of Village and P.O.- Ghustawan, P.S.- Silao, District- Nalanda.
2/4 21.
Dhirendra Kumar Son of Bisheswar Mahto Resident of Village- Bisunpur, P.O.- Chhor Sarawan, P.S.- Giriyak, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Health and Family Welfare, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Health and Family Welfare, Government of Bihar, Patna.
3.
The District Magistrate, Nalanda at Biharsharif. 4.
The Vardhwan Institute of Medical Science College and Hospital Pawapuri, District- Nalanda through its Superintendent. 5.
The Principal, Vardhwan Institute of Medical Science College and Hospital Pawapuri, District- Nalanda.
6.
Vaishnavi Hospital, Mourya Vihar Colony, Transport Nagar, P.S.- Agamkuan, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar Jha, Advocate Mr.Pranav Kumar Jha, Advocate For the Respondent/s :
Mr.Lalit Kishore (Ag) For Resp No.6 :
Mr.Pratik Kr. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2024
1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application is being filed for issuance of an appropriate writ/writs and order/orders in the nature of mandamus for directing and commanding the Respondents to consider the case of the petitioners for their absorption/continuation on the respective post, upon which the petitioners are working, that is in class-III and IV posts such as Compounder, Dresser, O.T. Assistant, Ward Attendant,
3/4 Pharmacist, X-ray Technical, ECG Technician, Lab-Technician, Physiotherapist, Clerk/Assistant etc., keeping in view of that all the petitioner had been appointed under due process of law for selection, against the sanctioned post in Vardhwan Institute of Medical Science, College & Hospital, Pawapuri, District-Nalanda (hereinafter referred as 'VIMS') according to even following the reservation policy of the State Government during Covid-19 and further till the matter of absorption of the petitioners is not finalized and further Respondents may be directed not to disturb the petitioners for their working against the post treating the petitioners as an contractual employees of the Department adjusting them against the vacancy already advertised by the Respondent No.
1, till the petitioners attain the age of superannuation with at least payment of minimum pay scale to them keeping in view further the facts that the petitioners are the Corona Warriors working for the humanity without any fear of life and further for any other relief or reliefs for which the petitioners are entitled in the facts and circumstances of this case."
2. The learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to approach the respondent-authorities for
4/4 redressal of their subsisting grievances, if any. Liberty so sought is granted.
3. The present writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J) Saurav/- U