Sheela Kumari And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14175 of 2014 ======================================================
1. Sheela Kumari, wife of Ashok Kumar Village- Shukhchain, Post Beibuck, P.S. Islampur, District- Nalanda
2. Veena Kumari, Wife of Anuj Kumar, Village- Vishnupur, PostRanipur, P.S. Islampur, District- Nalanda
3. Kanchan Kumari, Wife of Trilochan Kumar, VillageMaharajganj, Post- Ekangarsarai, Dist- Nalanda
4. Savita Kumari, Wife of Rajeshwar Prasad, Village- Mandaba, Post- Mohiuddian, Dist.- Nalanda
5. Ranjana Kumari, Wife of Rasosh Kumar, Village- Ajnaura, District- Nalanda
6. Geeta Kumari, Wife of Shri Raghubendra Das, Village Ularbhaga Bigha, Post- Bharatpur, P.s.- Dulhinbazar, Dist. Patna
7. Rubby Kumari, Wife of Shailendar Kumar, village- Parwalpur, Post- Kawa, P.S. Hilsa, District- Nalanda
8. Rekha Sinha, Wife of Shri Jitendra Kumar, Village- Pendapur, Post- Kawa, P.S.- Hilsa, Dist- Nalanda
9. Punam Kumari, Wife of Ramananda Prasad Singh Village- Milki Post- Ladaura, P.S.- Kaliyanpur, Dist- Samastipur
10. Indu Bharati, Wife of Shri Sanjay Kumar Das, VillageMayabigha, Post- Kora, Dist Jehanabad 11.Sangeeta Kumari, Wife of Chandramani Prasad, VillageKundwapar, Post- Ekangardih, Dist. Nalanda
12. Madhuri Sinha, Wife of Shri Surendra Kumar Prabhakar, Village + Post- Rasisha, P.S.- Aungari, Dist- Nalanda
13. Chandrabari Kumari, Wife of Subhash Prasad Sinha, VillageMathbaliyari, Post- Singhra, P.S. Vikram, Dist. Patna
14. Bindu Devi, Wife of Arbind Kumar Village- Udbant Nagar, District- Bhojpur
15. Vidhya Kumari, Wife of Arun Kumar Chaubey, Village + PostVaina, P.S.- Nawanagar, District- Buxar
16. Sharda Kumari, Wife of Shiv Mangal Manjhi, Village + PostPipranarayan G.B. Nagar District Siwan
17. Shobha Kumari, Wife of Dhananjay Kumar, Village Gopalpur, Post Kund, P.S. Dinara, District- Rohtas, Bitara
18. Dhanmanti Kumari, Wife of Ajay Kumar, Post- Akangar Dih, P.S. Akangarsarai, District Nalanda
19. Renu Kumari wife of Ashok KUmar, Village Asarahi, PostAsarahi, P.S.- Hilsa, Dist. Nalanda
20. Rashmani Kumari, Wife of Kaushal Kishore, Village- Imaliya Post- Dewadha, P.S. Dhanaura, Dist Patna
21. Manju Kumari Wife of Yaswant Singh, Village Amedha PostBhiti, P.S.- Mohaniya, Dist- Kaimur at Bhabhua
22. Pushpalata Kumari, Wife of Raghunandan Rajak, VillageKonipar, Post- Dighari, P.S.- Suryaghara, Dist- Lakhisarai
23. Anita Kumari, Wife of Umakantsharan, Village- Sipara, PostDhelwa Dist. Patna
24. Munni Kumari, Wife of Virmani Prasad, Bajranjbali Colony Post + P.S.- Phulwarisarif, District- Patna
2/5
25. Nisha Kumari, Wife of Nawin Prasad, Village + Post- Behsawak, P.S. Islampur, District- Nalanda
26. Meena Kumari, Wife of Satish Manjhi, Village- Madhiya, P.S.- Nautan, District- Siwan
27. Anita Kumara Wife of Jitendra Kumar Singh, Village Bandhan Bela Ara Post Nawada, District Bhojpur
28. Ritambhara Sadhbi Wife of Shiyasharan Prasad, VillageBhojphara Post Bardhi, Dist. Nalanda
29. Soni Moni Kumari, Wife of Gagendra Kumar Karan, VillageSupaul Post- Shivram, Dist. Darbhanga
30. Kundan Kumari, Wife of Vivekanand Rai, Village- Danyalpur (Pokharpur), Ward No. 05 Post+P.S.- Teghra, District- Begusarai
31. Punam Kumari, Wife of Ajay Kumar, Village Chakhan, PostShamkoriya, Dist. Saran
32. Kumari Bulbul Wife of Sanjay Kumar Village Shirniya, Vishnupur Post- Sihma, P.S.- Matihani, Dist.- Begusarai
33. Kumari Prabha @ Geeta Sinha Wife of Rajiv Ranjan Singh, Village- Bhojphara, Post- Bardih, P.S. Hilsa, District- Nalanda
34. Saroj Kumari, Wife of Shailendra Prasad, Village- Chotta Koirobali, Post + P.S.- Hathua, Dist- Gopalganj
35. Shakuntla Kumari, Wife of Shir Parma Ram Village- Mahaucha, Post- Sohagpur, Dist Gopalganj
36. Vichitra Sinha Wife of Jitendra Kumar, Village- Mozafara, PostBardih, P.S. Islampur, Dist- Nalanda
37. Chanchla Kumari, Wife of Kameshwar Singh Village- Newla Sarmastrapur, Post- Bajitpur, P.S. Karpi, Dist- Arwal
38. Anuradha Kumari, Wife of Jitendra Ram, Village Hajiapur Khar, Ward No. 10, Post+P.S.- Gopalganj, Dist. Gopalganj
39. Sangeeta Kumari, Wife of Rambilash Mahto, VillageGaribnagar, Post- Kawadpur, P.S.- Suryaghara, DistrictLakhisarai
40. Chinta Kumari, Wife of Vidya Singh, Village- Basilpur, PostLalghar, Hariarpur, P.S. G.B. Nagar Tarwara, Dist. Siwan
41. Dinu Kumari, Wife of Ajay Prasad, Village- Narsandha, PostNarsandha, P.S. chandi, District Nalanda
42. Anita Kumari, Wife of Binod Ram, Village- Dahaibhata, P.S. Uchkawagawan, Dist. Gopalganj
43. Kiran Kumari, Wife of Shir Pramodh Kumar, VillageEkangardih, P.S.- Ekangarsarai, District- Nalanda
44. Puja Kumari, Wife of Narayan Gupta, Village+Post- Nagma, P.S.- Simri, District Buxar
45. Radha Kumari, Wife of Pramod Kumar Thakur, Village + Post Ushri Bazar, P.S. Mehadia, District- Arwal
46. Chandrakali Kumari, Wife of Lalan Paswan, Village- Chamandi, Post- Kondil, P.S.- Kurtha, Dist- Arwal
47. Sangeeta Kumari, Wife of Ram Naresh Ram, Village Batrauliya, Post- Bakhra, P.S. Saraiya, Dist. Muzaffarpur
48. Rita Kumari, wife of Jitendra Ram, Mohalla- Ratanpur Gadha, P.S.- Bhawan Bazar, Dist- Saran
49. Manju Kumari Wife of Ranjeet Kumar Thakur, Gautampur Nagar, Vikramganj, P.S. Vikramganj, Dist- Rohtas
3/5
50. Sulekha Sinha, Wife of Vishwajeet Kumar, Gandhinagar, Ramchandrapur, District- Nalanda at Biharsharif
51. Divya Bharti Wife of Balmiki Kumar, Village- Sardarbigha, Post- Andhana, P.S. Nursarai, Dist. Nalanda at Biharsharif
52. Shyama Kumari Wife of Ranabhiya, Village- Katrubigha, PostBishaibigha, P.S. Parwalpur, Dist Nalanda
53. Renu KUmari, Wife of Rajesh Kumar, Village- Makhdumpur, Post- Kaliyachakar, P.S. Hilsa, Dist- Nalanda ... ... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar, through Principal Secretary, General Administration Department, Government of Bihar, Patna
3. The Principal Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna
4. The Director-in-Chief, Health Services Department, New Secretariat, Govt. of Bihar, Patna New Secretariat, Patna
5. The Director, Department of Health, New Secretariat, Govt. of Bihar, Patna New Secretariat, Patna
6. The Bihar Staff Selection Commission, through its Secretary, Vetnary College, Patna
7. The State Health Society through its Secretary, Govt. of Bihar, Patna
8. The District Magistrate-cum-Chairman, Health Society, Patna null null
9. The District Magistrate-cum-Chairman, Health Society, Nalanda
10. The District Magistrate-cum-Chairman, Health Society, Siwan
11. The District Magistrate-cum-Chairman, Health Society, Saran at Chapra
12. The District Magistrate-cum-Chairman, Health Society, Gopalganj
13. The District Magistrate-cum-Chairman, Health Society, Muzaffarpur
14. The District Magistrate-cum-Chairman, Health Society, Arwal
15. The District Magistrate-cum-Chairman, Health Society, Buxar
16. The District Magistrate-cum-Chairman, Health Society, Lakhisarai
17. The District Magistrate-cum-Chairman, Health Society, Rohtas
18. The District Magistrate-cum-Chairman, Health Society, Begusarai
19. The District Magistrate-cum-Chairman, Health Society, Darbhanga
20. The District Magistrate-cum-Chairman, Health Society, Kaimur at Bhabhua
21. The District Magistrate-cum-Chairman, Health Society, Bhojpur
22. The District Magistrate-cum-Chairman, Health Society, Jehanabad
23. The District Magistrate-cum-Chairman, Health Society, Samastipur
24. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Patna
25. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Nalanda
26. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Siwan
27. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Saran at Chapra
28. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Gopalganj
29. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Muzaffarpur
30. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Arwal
31. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Buxar
4/5
32. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Lakhisarai
33. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Rohtas
34. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Begusarai
35. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Darbhanga
36. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Kaimur at Bhabhua
37. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Bhojpur
38. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Jehanabad
39. The Civil Surgeon-cum-Chief Medical Officer, District Health Society, Samastipur ... ... Respondent/s ====================================================== Appearance :
For the Petitioners :
Mr. Arvind Kumar, Advocate For the Respondents :
Mr. Manoj Kumar, AC to GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners as well as learned counsel for the respondents.
Learned counsel for the petitioners submits that the petitioners have been working as Auxiliary Nurse Midwifery (ANM) in the different districts/blocks of Bihar under the Health Department/State Health Society, Government of Bihar and are entitled to regularization of their services. Respondent State has filed counter affidavit after serving a copy upon the counsel for the petitioners in April, 2015. Specific stand of the State Government is that advertisement no. 03030114 dated 22.2.2014 was published by
5/5 the Bihar Staff Selection Commission for appointment of ANMs. It is submitted that pursuant to the said advertisement appointments have already been made against the aforesaid posts in between 2014-15.
In view of such development subsequent to filing of the writ petition, claim of the petitioners have become infructuous. Further, their appointments were contractual in nature in the Department as such they have no enforceable claim for their regularization.
Petitioners have not denied or disputed these objections by filing re-joinder to the counter affidavit. The writ petition is devoid of merit and is dismissed. (Madhuresh Prasad, J) Shashi U