Asha Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1651 of 2015 ===========================================================

1. Asha Devi wife of late Vidyanand Mallik resident of Mohalla Blue Para Line Bazaar, Purnia, Post Office Girija Chowk, Police Station K. Hat, District Purnia.

2. Anand Kumar son of Shri Yamuna Prasad Ram, resident of of Mohalla Raj Nagar, Purnia, Post Office Girja Chowk, Police Station K. Hat, District Purnia.

3. Sabita Devi wife of Ravi Shankar Mallik, resident of Mohalla Donar Chak, Prabhat Colony, Police Station K. Hat, District Purnia.

4. Smt. Krishna Devi wife of Shri Jageshwar Rai, resident of Mohalla Raj Nagar, Police Station K. Hat, District Purnia.

5. Smt. Rekha Devi wife of Shri Naresh Mallik resident of Mohalla Sadar Hospital Campus, Police Station K. Hat, District Purnia.

6. Rajendra Jamadar son of late Jagdish Mehtar, resident of Mohalla Donar Chowk, Prabhat Colony, Police Station K. Hat, District Purnia.

7. Saurav Kanti son of late Badri Kanti, resident of Mohalla Raj Nagar, Line Bazar, Police Station K. Hat, District Purnia.

8. Sumitra Devi wife of Shri Yogendra Ram, resident of Mohalla Hanuman Nagar, S.P. Kothi, Police Station K. Hat, District Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary of Govt. Health Department, New Secretariat, Patna.

2. The District officer, Purnia, District Purnia.

3. The Civil Surgeon-cum-Chief Medical Officer, Purnia, District- Purnia. .... .... Respondent/s =========================================================== For the Petitioner/s : Mr Lalan Kumar Singh, Advocate For the S t a t e : Mr Kinkar Kumar, SC IX with Mr Sushant Praveen, AC to SC IX =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 14-05-2018 Heard learned counsel for the petitioners and the respondent-State.

2 The petitioners have approached this Court seeking a direction to the respondents to consider and include the names of the petitioners in panel and appoint them on basis of past experience/satisfactory work performed by them. Reference is based on Annexure 1 which is an order dated 20.06.1995 by the Superintendent of Sadar Hospital, Purnea. The same shows that from

Patna High Court CWJC No.1651 of 2015 dt.14-05-2018 2/2 14.12.1994 to 13.02.1995 that is for a period of three months, work was taken from the petitioners during strike period. On such work having been performed for three months way back in the year 19941995, petitioners have approached this Court by filing this writ petition in the year, 2015 claiming that they may be empanelled and considered for appointment.

3 Counsel for the State has appeared. He has informed the Court on the basis of the pleadings made in the counter affidavit that for the Grade IV post against which the petitioners have performed duties for three months in the year, 1994-1995, advertisement was published on 17.09.2004 and that the selection process finally culminated in the recommendation for appointment on 15.01.2011. Thus, he submits that the appointments to the post in question have already been made. The petitioners have, after 1995, neither participated in the said selection process nor taken any steps. 4 Considering the aforesaid submissions, petitioners have no enforceable claim for the relief that they prayed for. 5 The writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.05.2018 Transmission Date NA