Arvind Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.153 of 2015 ======================================================
1. Arvind Kumar Son of Late Parmeshwar Prasad Resident of Village - Pachrukhi, P.O- Chiraily , P.S- Khizarsarai, District - Gaya.
2. Mukesh Kumar Son of Sri Umeshwar Singh Resident of Village and P.O- Rampur, P.S- Makhdumpur, District - Jehanabad.
3. Sanjay Kumar Son of Ram Dhani Mahto Resident of Village - Saidpur Bazar, P.O and P.S- Khizarsarai, District - Gaya.
4. Dharmendra Kumar son of Sri Jagdish Singh Resident of Village - Bagitpur, P.O and P.S Belaganj, District - Gaya.
5. Ram Kishore Sharma Son of Late Parshuram Sharma Resident of Village and P.O - Kormathu, P.S- Belaganj, District - Gaya.
6. Mahesh Paswan Son of Late Gopi Paswan Resident of Village - Khaneta, P.O and P.S - Belaganj, District - Gaya.
7. Sarwan Kumar Son of Ramdhani Mahto Resident of Village - Saidpur Bazar, P.O and P.S- Khizarsarai, District - Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner Cum Principal Secretary Department of Health, Govt. of Bihar Patna.
3. The Joint Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna.
4. The Director in Chief, Medical Services, Bihar Patna.
5. Deputy Director, Health Services, Patna.
6. The District Magistrate, Gaya.
7. Civil Surgeon-cum-Chief Medical Officer, Gaya. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhileshwar Dayal For the Respondent/s : AC to SC - 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-01-2017 Heard Sri Akhileshwar Dayal, learned counsel for the petitioners and learned AC to SC No. 14.
Seven petitioners, have approached this court invoking its writ jurisdiction under Article 226 of the Constitution of India with a prayer to direct the respondents to regularize / absorb their
Patna High Court CWJC No.153 of 2015 (2) dt.18-01-2017 2/2 services on Class IV post. It has been claimed that petitioners are discharging their duties as "Vaccine Carrier" under different schemes of the Health Department since the year 2005. In the writ petition no specific pleading has been made. However, after going through Annexure- 2 Series to the writ petition it is evident that petitioners have admitted that from them work as "Carrier Worker" is being taken seasonally and that too only on two days in a week. In such situation this court refrains from passing any positive order for regularization. The writ petition so far as prayer for regularization is concerned stands dismissed.
(Rakesh Kumar, J) Praful/- U