Lalit Prasad Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19108 of 2014 ====================================================== 1.
Lalit Prasad Singh, S/o Late Ragho Singh, Resident of Village Chipura Kala, P.O. Chipura Khurd, P.S.- Gaurichak, District- Patna. 2.
Dhananjay Kumar Singh, S/o Late Ragho Singh, Resident of Village Chipura Kala, P.O. Chipura Khurd, P.S. Gaurichak, District Patna. 3.
Sanjay Kumar, S/o Brijnandan Pandit, Resident of Village Chainpur, P.O. Mittanchak, P.S. Gaurichak, District Patna.
4.
Kapil Mahto, S/o Jagnarain Mahto, Resident of Village Chipura Kala, P.O. Chipura Khurd, P.S. Gaurichak, District Patna. 5.
Shiv Ram, S/o Baban Ram, Resident of Village Chipura Kala, P.O. Chipura Khurd, P.S. Gaurichak, District Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar.
3.
The Director-in-Chief, Health Services Department of Health, Govt. of Bihar, Patna.
4.
The District Magistrate, Patna, District Patna. 5.
The Civil Surgeon-cum-Chief Medical Officer, Patna, District Patna. 6.
The District Malaria Office, Patna, District Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anjani Kumar Sinha, Advocate with Mr. Bijendra Prasad Sinha, Advocate For the Respondent/s :
Mr. Manoj Kumar Sinha, AC to GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date : 05-12-2022 Heard Mr. Anjani Kumar Sinha, learned counsel for the petitioners and Mr. Manoj Kumar Sinha, learned AC to GA-9 for the State.
Patna High Court CWJC No.19108 of 2014 dt.05-12-2022 2/3
2. The petitioners have challeged their non-appointment on Class-IV posts, being seasonal D.D.T. Sprayers in the district of Patna.
3. The said claim is based on a letter written by the Commissioner-cum-Secretary, Health Department in the year 1991 following the Divisional Commissioners in the State of Bihar to prepare panel of persons, who were working as seasonal D.D.T. sprayer and then depending on the vacancies appoint them on Class-IV posts.
4. Learned counsel for the petitioner submits that in the district of Patna, the same has been made on a pick and choose basis.
5. Learned counsel for the State submits that the panel was prepared in the year 2014 after the due process of law including inviting of objections.
6. On a query of the Court to learned counsel for the petitioners whether they had filed any objection. The answer is in negative.
7. Faced with the situation, learned counsel for the petitioners submitted that the writ petition be disposed of with liberty to them to apply for such appointment in future, if and when the State undertakes the said exercise.
Patna High Court CWJC No.19108 of 2014 dt.05-12-2022 3/3
8. Having regard to the aforesaid, the writ petition stands disposed of with liberty to the petitioners to take part in the process of appointment on Class-IV posts. If found eligible in future, in accordance with law, depending on their eligibility.
9. The writ petition stands disposed of in the aforementioned terms.
(Ahsanuddin Amanullah, J) (Harish Kumar, J) uday/- AFR/NAFR CAV DATE Uploading Date 09.12.2022 Transmission Date