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Arpana Writ
Arpana Writ
To
The Hon’ble Mr. Sanjay Karol, the Hon’ble Chief Justice of
the High Court of Judicature at Patna and his companion
Justices of the said Hon’ble Court.
The humble petition of public
interest on behalf of the petitioners
named above;
MOST RESPECTFULLY SHEWETH:
1. That this is an application praying for issuance of
appropriate writ/writs directing the respondents and other
concerned authorities to reinstate in service the 780
paramedical personnel and other health workers hired during
COVID-19 pandemic and who have been terminated from
service arbitrarily on 22-6-2021 by the Civil Surgeon-cum-
Chief Medical Officer, Muzaffarpur in compliance of a
direction issued by Officer on Special Duty, Establishment,
Health Department, Government of Bihar. All these health
workers have been terminated from service by the
abovementioned single order. This petition prays further that
aforesaid paramedical personnel and other health workers be
paid wages for entire three months for the services rendered
by them and be given weightage in appointment against
regular vacancies on account of their excellent work.
2. That following issues are involved in this case for
consideration by this Hon’ble Court:-------
(i) Whether the respondents are right in hiring the health
workers on contract for three months during deadly COVID—
19 pandemic and after using them for about one month
throwing them out of service arbitrarily?
(ii) Whether being a welfare state Government of Bihar and its
authorities are right in using the services of health workers
during medical emergency and arbitrarily terminating their
services on flimsy grounds?
(iv) Whether COVID—19 pandemic is really over and there is
absolutely no need of these health workers?
(v) Whether these health workers who are qualified
paramedical personnel can be given weightage in
appointment against regular vacancies to similar posts for
their excellent services during COVID—19 pandemic on
humanitarian grounds?
(vi) Whether in view of the fact that these health workers
were appointed for three months they are entitled to get salary
for three months?
(vii) Whether in the facts and circumstances of the case
judicial intervention by an appropriate direction to the
respondents and other concerned authorities directing them to
extend the contract appointing the petitioners in service and
regularize their service and adjust them in future appointment
against regular vacancies is imperative in the ends of justice?
3 That the petitioners are citizens of India and reside within
the territorial jurisdiction of this Hon’ble Court.
4
5 That the petitioners have based the instant writ petition
on official documents, orders which are part of official
records and which are in public domain and also on
newspaper reports.
6. That during second wave of COVID-19 pandemic The
Government of Bihar urgently sought paramedical staff and
health workers to control the situation and save the lives of the
people from the deadly viral disease.
7. That on 08-5-2021 the Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur issued a notice inviting applications for
appointment of doctors, nurses and various posts of
paramedical staff including lab technician, ward boy, data
entry operator, multi tasking staff on contract basis. The notice
said that these workers were hired for three months under
Section 50 of the Disaster Management Act 2005.
A Photostat copy of the
abovementioned notice dated 08-5-2021
issued by Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur is attached herewith and
marked as Annexure-I to this petition.
8. That the abovementioned notice was displayed in the
office of Civil Surgeon-cum-Chief Medical Officer,
Muzaffarpur and it was stated that these applications were
invited on the basis of letter no. 345(11) dated 05-5-2021
issued by Officer on Special Duty (establishment), Health
Department, Government of Bihar.
9. That on the basis of letter no. 329(11) dated 27-4-2021
issued by the Principal Secretary, Health Department,
Government of Bihar and letter no. 345(11) dated 05-5-2021
issued by Officer on Special Duty (establishment), Health
Department, Government of Bihar the District Establishment
Committee, Muzaffarpur convened a meeting on 10-5-2021.
10. That on the basis of decision taken in the
abovementioned meeting dated 10-5-2021 of District
Establishment Committee, Muzaffarpur the Civil Surgeon-
cum-Chief Medical Officer, Muzaffarpur appointed altogether
780 paramedical staffs including ANMs, GNMs, data entry
operators, ward boys, dressers and other health workers on
daily wages for three months.
11. That the abovementioned health workers were appointed
on daily wages under Section 50 of the Disaster Management
Act and were posted at government hospitals and primary
health centres located in Muzaffarpur District.
A Photostat copy of
an appointment letter dated 15-5-2021 issued
by Civil Surgeon-cum-Chief Medical Officer,
Muzaffarpur is attached herewith and marked
as Annexure-II to this petition.
12. That after appointment of the abovementioned health
workers Muzaffarpur district performed well in coping with
the situation during so called second wave of the COVID-19
pandemic. Had these casual health workers not been appointed
the situation could have been worst. These health workers
were collectively called “Manav Bal”.