Prashikshit Mahila Barojgar Swasthya ... vs The State Of Bihar & Ors on 5 August, 2015

[Cites 0, Cited by 1]

Patna High Court - Orders

Prashikshit Mahila Barojgar Swasthya ... vs The State Of Bihar & Ors on 5 August, 2015

Bench: Navaniti Prasad Singh

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.4108 of 2013
                                          In
                    Civil Writ Jurisdiction Case No. 5538 of 1996
      ========================================================
      Geeta Kumari & Ors.
                                                      .... ....   Petitioners
                                    Versus
      The State of Bihar & Ors
                                                     .... .... Respondents
      ========================================================
                                        With
                   Miscellaneous Jurisdiction Case No.4057 of 2011
      ========================================================
      Prashikshit Mahila Barojgar Swasthya Karyakarta Zilla Shakha
                                                  .... .... Petitioners
                                   Versus
      The State of Bihar & Ors
                                                 .... .... Respondents
      ========================================================
      Appearance :
      (In MJC No.4108 of 2013)
      For the Petitioners        :        Mr. Suresh Kumar Mishra
      For the State              :        Mr. Lalit Kishore, P.A.A.G.
                                          Mr. Kundan Bhadur Singh, S.C.22
                                          Mr. Neeraj Kumar, A.C. to S.C.22
      For the Staff Selection Commission: Mr. K.K. Upadhyaya, Advocate
                                          Mr. Chandra Bhushan Das, Adocate
      (In MJC No.4057 of 2011)
      For the Petitioners        :        Mr. Binod Kumar
      For the State              :        Mr. Lalit Kishore, P.A.A.G.
                                          Mr. Kundan Bhadur Singh, S.C.22
                                          Mr. Neeraj Kumar, A.C. to S.C.22
      For the Staff Selection Commission: Mr. K.K. Upadhyaya, Advocate
                                          Mr. Chandra Bhushan Das, Adocate
      =========================================================
      CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH
      ORAL ORDER

12.     05-08-2015

Supplementary show cause has been filed by opposite party nos. 1 and 2. The Principal Secretary, Department of Health, Government of Bihar, Patna, at the request of the Court, is personally present.

This matter relates to appointment of Nurses in government hospitals, primary health centres, Patna High Court MJC No.4108 of 2013 (12) dt.05-08-2015 2 government medical colleges. Without going into the facts and figures which have been presented with some details, there appears to be still a gap of about over 5000 Nurses to be recruited in different categories i.e. GNMs or ANMs. State is candid enough to submit that it is because of financial constraints. It is not acceptable.

If the State has the funds to spend hundreds of crores on building Museum and Convention Centre, it has to find money for primary health of the citizen of the State. It is the job of the State to find out sources of funds for this essential sector by diverting it from non- essential sector. Health and education are two departments which do not generate funds for the government, but they are constitutional, social and sovereign obligations of the government where it cannot make any excuse for any deficiency. Unless a common citizen can have free, convenient and competent nurses to non-government hospitals, it would be taken to be a failure of the government in discharge of its constitutional obligation. Citizen cannot be left at mercy of private hospital or to fly out or move out for treatment. That only shows failure of the government to address the right problem in the right direction at the right time.

However, the learned Principal Secretary, assures that at the first instance, the vacancies vis-a-vis the sanctioned strength would be filled up in a phased manner within one year. At the same time, the government would not depend on central funding which Patna High Court MJC No.4108 of 2013 (12) dt.05-08-2015 3 is bridge funding till permanent arrangement is made. This situation leads to exploitation so long as permanent employment is not made. Nurses are being employed on pure contracts funded by Central Government. These contractual appointments are not being made permanent, because, the consequence would be that they would go out of the purview of the Central Government and the State would have to fund the same.

In my view, such a scheme of financial management is unexceptable situation. It is rank exploitation. This must stop. Contractual appointees on permanent sanctioned post must be regularized as permanent appointees.

Put up this matter after three months.

Learned Principal Secretary, Department of Health, Government of Bihar, Patna, would then give further report in the matter.

(Navaniti Prasad Singh, J.) Rajeev/-

Unlock Advanced Research with PRISMAI

Patna High Court - Orders