Rastriya Swasthaya Mission Karamchari Sangh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15966 of 2019 ====================================================== Rastriya Swasthaya Mission Karamchari Sangh Bihar through the State General Secretary Md. Jawed Akhtar, Prabhawati Hospital, Gaya Campus, P.O.-Gaya, P.S. Civil Line Thana, District-Gaya, Permanent Address.-Md. Jawed Akhtar, Son of Md. Jamil Akhtar, Enayat Colony, House No. 68/A Bari Road, Post-Gaya, P.S.-Civil Line Thana, District-Gaya (Bihar), PIn Code No. 823001 ... ... Petitioner/s

Versus

1.

The Union of India through the Ministry of Health, New Delhi. 2.

The Director, National Rural Health Mission of India, Nirman Bhawan, New Delhi 3.

The Principal Secretary Department of Health Govt. of BIhar MNew Secretariat, Patna.

4.

The Executive Director, State Health Society, Govt. of BIhar, Pariwar Kalyan Bhawan, Shekhpura, Patna-14 5.

The Commissioner Cum Principal Secretary, Department of Finance, Govt. of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar Shrivastawa, Advocate For the UOI :

Mr. Rajesh Kumar Verma, ASG For the Respondent/s :

Mr. Ravi Kumar AC to GP 13 For the Respondent No. 4:

Mr. K.K. Sinha, Advocate For the State Health Society:

Mr. Shashi Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 14-08-2019 Heard the learned counsel for the parties.

2. Though this writ petition has been filed for a direction to the respondents to prepare Human Resources Policy in favour of the contractual employees as well as for a further direction to implement the E.P.F. and Group Insurance Policy which would benefit the contractual

Patna High Court CWJC No.15966 of 2019 dt.14-08-2019 2/3 employees, but after sometime, the argument has been limited to the prayer that the five member committee which has been constituted by the orders of the then Executive Director, Bihar State Health Society for formulating the service conditions of such contractual employees, be directed to submit its report and the concerned respondents be directed to implement such report as early as possible.

3. The prayer made by the petitioners does not appear to be unreasonable.

4. If the committee has been constituted by the Bihar State Health Society for framing service conditions of such contractual employees, it ought to be taken to its logical conclusion and the rules must be framed. This would not only benefit the petitioners in the present case but would also help many others and by making such rules, the State Government will not have to depend on successive circulars controlling the service conditions of

Patna High Court CWJC No.15966 of 2019 dt.14-08-2019 3/3 such employees and it will also show the State in a good light as a model employer.

5. Considering these aspects of the matter, the committee so constituted is directed to deliberate over the issues and submit a report as early as possible preferably within a period of six months so that necessary service condition rules may be framed.

6. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.08.2019 Transmission Date