Radhika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1781 of 2023 ====================================================== 1.

Radhika Devi Wife of Indradeo Singh Resident of Village- Mokari, P.S.- Bhabua, District- Kaimur (Bhabua).

2.

Manju Kunwar, Wife of Late Rabindra Nath Singh Resident of VillageMokari, P.S.- Bhabua, District- Kaimur (Bhabua), Present address VillageRampur Colony, ward No.- 01, Bhabua, P.S.- Bhabua, District- Kaimur (Bhabua).

3.

Sunaina Devi, Wife of Kripa Narayan Singh Resident of Village- Datiyaon, Police Station- Bhabua, District- Kaimur.

4.

Sangita Devi, Wife of Lalan Singh Resident of Village- Kaser, P.S.- Bhagwanpur, District- Kaimur.

5.

Tara Devi, Wife of Bideshi Ram Resident of Village- Kochadi, P.S.- Bhagwanpur, District- Kaimur.

6.

Tara Devi, Wife of Jokhu Ram Resident of Village- Dadaniyan, P.S.- Bhabua, District- Kaimur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Health, Government of Bihar, Patna.

2.

Director in Chief (Admn.) cum Chairperson, Departmental grievance Redressal Committee, Medical and Health Services, Bihar, Patna. 3.

The District Magistrate-Cum- President District Health Committee, Kaimur. 4.

Civil Surgeon Cum Secretary, District Health Society, Kaimur at Bhabua. 5.

The in Charge, Medical Officer, Primary Health Center, Bhabua, DistrictKaimur at Bhabua. 6.

The in Charge, Medical Officer, Primary Health Center, Bhagwanpur, District- Kaimur at Bhabua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Patel, Adv.

For the Respondent/s :

Mr. Aditya Nath Jha AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-07-2023 The writ petitioners were working as Asha workers and have been removed by an order dated 01-04-2016 passed by Civil Surgeon-cum Secretary, District Health Society, Kaimur at

Patna High Court CWJC No.1781 of 2023(4) dt.05-07-2023 2/2 Bhabua (Respondent No.4) as contained in Annexure-8 to the writ petition. The petitioners' existence as Asha worker was contractual.

It is submitted that the order is bad in law as well as in fact.

Having regard to the contractual nature of petitioners' existence and considering the fact that removal is of April 2016, this Court would find that the instant writ petition filed after more than six years is barred by delay and latches in view of decision of the Apex Court in the case of Union of India & Ors. vs. C. Girija & Ors. reported in (2019)15 SCC 633. The writ petition is dismissed.

(Madhuresh Prasad, J) shyambihari/- U