Patna High Court
Kumar Gautam Anand vs The State Of Bihar, Through The Chief ... on 4 January, 2022
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13550 of 2021
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1. Kumar Gautam Anand S/o Ashok Kumar Jayswal Resident of Village -
Kumarganj, Ward No. - 12, PO - Tharbitta P.S. Kishanpur, District- Supaul,
Pin - 852138.
2. Prakash Kumar Sah S/o Ashok Sah Resident of Mohalla - Mallick Chowk,
Ward No. - 23, Supaul, P.S. Supaul, District- Supaul, Pin - 852131.
3. Amit Kumar S/o Arun Prasad Gupta Resident of Mohalla - Hatiya More,
Ward No. - 25, Supaul, PS- Supaul, District- Supaul, Pin - 852131.
4. Tej Narayan Kumar, S/o - Ramdev Mandal, Resident of Village -
Koshalipatti, Ward No. - 08 Via - Gamhariya, P.S. Pipra, District- Supaul,
Pin - 852108.
5. Ramesh Kumar S/o Rajeshwar Prasad Mandal Resident of Village - Gidrahi,
Ward No. - 09, PO - Kataiya Mahe, P.S. Pipra, District- Supaul, Pin -
852131.
6. Upendra Kumar Sah S/o Muralidhar Sah Resident of Village - Baisi, Ward
No. 9, P.S. Karjain, District- Supaul, Pin - 852215.
7. Md Irshad, S/o - Mohammad Islam Resident of Village - Rajpur, Ward No. -
07, PO - Chauhatta, P.S. - Kishanpur, District- Supaul, Pin - 852138.
8. Aniket Kumar S/o Sachida Nand Prasad Resident of Mohalla - Bhelahi,
Ward No. - 19, Supaul, P.S. Supaul, District- Supaul, Pin - 852131.
9. Dheeraj Kumr S/o - Gaya Prasad Gupta Resident of Village - Amtho, Po -
Piprakhurd, Ward No. - 09, P.S. Supaul, District- Supaul, Pin - 852131.
10. Md. Anjum Perwez S/o Shafiurrahman Resident of At - Karhiya, Po -
Abhuar, PS- Kishanpur, District- Supaul, Pin - 852138.
11. Md Nasim Raja S/o - Md Abdul Hannan Resident of Mohalla - Thana Gate,
Ward No. 23, Supaul, P.S. Supaul, District- Supaul, Pin - 852131.
12. Kamal Roy S/o - Nakul Roy Resident of Village - Chhemna, Ward No. 5,
PO - Shitalmani, P.S. Azamnagar, District- Katihar, Pin - 855102.
13. Merajul Haque Siddiquee S/o - Abdul Quaiyum Resident of Village -
Bhagwatpur, Ward No. -10, PO - Jiwachhpur, P.S. Chhatapur, District-
Supaul, Pin 852125.
14. Ajit Kumar Verma S/o - Gangeshwar Prasad Resident of Village - Jagatpur,
PO - Barail, P.S. Supaul, District- Supaul, Pin - 852110.
15. Manish Kumar S/o - Janardan Prasad Singh, Resident of Mohalla - Mela
Road, Ward No. 02, Supaul, P.S. Supaul, District- Supaul, Pin - 852131.
16. Parmanand Kumar S/o Fanilal Yadav Resident of Village - Vidyanagar, Ward
No. 12, PO - Guriya, P.S. Jadiya, District- Supaul, Pin - 852214.
17. Ranjit Kumar S/o Upendra Sah Resident of Village - Harinaha, Po -
Parsagadhi, P.S. Jadiya, District- Supaul, Pin - 852214.
18. Ashwini Abhinav Kumar S/o Madan Prasad Gupta Resident of Mohalla -
HussainChowk, Basbitti Road, Ward No. - 17, Supaul, P.S. Supaul, District-
Supaul, Pin - 852131.
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19. Vijay Kumar S/o - Kailu Ram Resident of Mohalla - Gauravgarh, Ward No.
- 04, Supaul, P.S. Supaul, District- Supaul, Pin - 852131.
20. Md Khurshid Alam S/o Md Aziz Resident of Village - At and Po - Laudh,
Ward No. - 5, PS- Supaul, District- Supaul, Pin - 852131.
21. Shyam Sunder Ram S/o Yugal Ram Resident of Mohalla - Gauravgarh,
Ward No. -4, Nagar Parishad Supaul P.S. Supaul, District- Supaul, Pin -
852131.
22. Jawahar Choudhari S/o Ramprit Choudhary Resident of Village - Kataiya
Goth, Ward No. - 15, PO - Kataiya Mahe, P.S. Pipra, District- Supaul, Pin -
852131.
23. Natwar Kumar Thakur S/o - Lal Thakur Resident of Village - Malhad,
Supaul, P.S. Supaul, District- Supaul, Pin - 852131.
24. Savitri Kumari D/o Sadhu Sharan Paswan Resident of Mohalla - Chakla
Nirmali, Ward No. -6, PS- Supaul, District- Supaul, Pin - 852131.
25. Waquar Ahmad S/o Ansar Ahmed Resident of Village - Patarghatti, Ward
No. - 10, P.O. and P.S. - Triveniganj, District- Supaul, Pin - 852139.
26. Nidhi Kumari D/o Bhushan Prasad Gupta Resident of Mohalla - Kishanpur
Road, Near Nagar Parishad, Ward No. - 4, PS - Supaul, District- Supaul, Pin
- 852131.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, General Administration
Department, Government of Bihar, Patna.
2. The Additional Secretary to Government of Bihar, Patna.
3. The Managing Director, Bihar Administration Reforms Mission Society,
Government of Bihar, Patna.
4. The Additional Director, Bihar Administration Reforms Mission Society,
Government of Bihar, Patna.
5. The OSD, Bihar Administration Reforms Mission Society, Government of
Bihar, Patna.
6. The Principal Secretary, Health Department, Government of Bihar, Patna.
7. Executive Director, Sate Health Society, Patna, Bihar.
8. The District Magistrate, Supaul, Bihar.
9. DDC, Supaul, Bihar.
10. Additional Deputy Collector (Establishment), Supaul, Bihar.
11. Civil Surgeon - Cum - Member Secretary District Health Society, Supaul,
Bihar.
12. District Program Manager, District Health Society, Supaul, Bihar.
13. District Monitoring and Evaluation Officer, District Health Society, Supaul,
Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms.Alka Verma
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For the Respondent No.7: Mr. K.K. Sinha, Advocate
For the State : Mr. Ajay Bihari Sinha ( Ga 8 )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioners have prayed for following reliefs:-
"i. For issuance of appropriate writ/writs, order/orders, direction/directions to the Respondents to reabsorb the services of Petitioners who are the emplaned Executive Assistant of Supauldistrict and who have already rendered around 7 to 8 years of service in District Health Society, Supaul and treating them at par with similarly situated Executive Assistant of Nawada District who were reabsorbed and for the equal treatment which was given to one similarly situated candidate Umesh Kumar of Purnia district.
ii. For setting aside letter number 351 D.H.S. dated 23/04/2021 issued by District Health Society, Supaul under signature of the Civil Surgeon cum Member Secretary, District Health Society Supaul by which in a very inappropriate and illegal manner the services of the petitioners have been terminated and they have been sent back to the district panel, District Establishment Branch, Supaul in violation to the notification vide memo number 384 (DHS)/ Supaul dated 22/04/2020 issued by the Collectorate Supaul Establishment Branch (in the light of the resolution number 12534 dated 17/09/2018) under the signature of District Magistrate Supaul.
iii. For reabsorbing the services petitioners back in the various health centers where they were absorbed earlier or in an alternative be absorbed against any vacant Patna High Court CWJC No.13550 of 2021 dt.04-01-2022 4/4 position on similar post in any other govt dept in consonance with the govt resolution vide memo number 12534 dated 17.9.18.
iv. For setting aside the letter number 1187 dated 03.07.2020 issued by state health Society, Bihar under the signature of executive director to all the civil surgeon cum member secretary, district health society, Bihar, whereby the services of all data operator is to be taken by M/s Urmila international services Pvt. Limited overlooking the duly selected and impaneled executive assistant of each district and staying its operation during the pendency of this case.
v. For any other relief/reliefs to which the petitioner may be found entitled to by this Hon'ble Court."
3. Learned counsel for the petitioners has not apprised this Court that the petitioners are entitled for absorption or appointment to the post of Executive Assistant of Supaul district by virtue of any State policy decision including statutory rule/executive order/policy relating to absorption or appointment. Therefore, the petitioners have not made out a case. Hence, the writ petition stands dismissed. The pending Interlocutory Applications stands disposed of.
(P. B. Bajanthri, J) rakhi/-
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