IN THE HIGH COURT OF JUDICATURE AT PATNA

(CIVIL WRIT JURISDICTION)

CWJC No.____________________ of 2021

In the matter of an application

under Article 226 of the
Constitution of India,
AND
In the matter of:--
1. Rajeev Kumar, son of Ganesh Prasad Singh
Age—41 years, Gender—Male
Mobile No.—7903161707 Aadhar No.—727958559292
2. Ravin Kumar, son of Ramsakal Prasad
Age— 36 years Gender—Male
Mobile No.—9973316794 Aadhar No.—743456135741
3. Vikash Raj, son of Jagdish Lal
Age—35 years, Gender—Male
Mobile No.—9955407566 Aadhar No.—717235436477
4. Ramesh Kumar, son of Lalan Prasad Singh
Age—32 years Gender—Male
Mobile No.—8210301241 Aadhar No.—760303204016
5. Santosh Kumar, son of Rama Shankar Prasad Yadav
Age— 34 years Gender—Male
Mobile No.—9304429599 Aadhar No.—671197287461
6. Sanjeev Kuimar, son of Shiv Shankar Sah
Age— 31 years Gender—Male
Mobile No.—9973900609 Aadhar No.—531180745997
7. Ranju Kumari, wife of Dharmendra Kumar
Age— 39 years Gender—Female
Mobile No.—9631437489 Aadhar No.—701856030581
 8. Manjusha Kumari, wife of Sudesh Kumar
Age— 36 years Gender—Female
Mobile No.—7563954695 Aadhar No.—298793600161
9. Shivansh Raj, son of Rajeev Kumar Mishra
Age— 23 years Gender—Male
Mobile No.—9110178828 Aadhar No.—440464748982
10. Gunjita Rani, daughter of Rajeev Kumar Mishra
Age— 29 years Gender— Female
Mobile No.—910261224 Aadhar No.—333700975573
11. Pankaj Kumar, son of Shankar Bhagat
Age— 31 years Gender—Male
Mobile No.—960872987Aadhar No.—413481531887
12. Soni Kumari, wife of Mahesh Prasad Mishra
Age— 43 years Gender— Female
Mobile No.—9801662108 Aadhar No.—807891287525
13. Subhash Kumar Chaudhary, son of Ram Murti Chaudhary
Age— 32 years Gender—Male
Mobile No.—947071616 Aadhar No.—607148718376
14. Ritu Kumari, daughter of Brajesh Pandey
Age— 27 years Gender— Female
Mobile No.—629978402 Aadhar No.—565958289613
15. Adarsh Ranjan, son of Naveen Kumar
Age— 24years Gender—Male
Mobile No.—995567070 Aadhar No.—257155396886
16. Deepu Kumar, son of Nagendra Sharma
Age— 26 years Gender—Male
Mobile No.—957691375 Aadhar No.—895336841725
17. Anita Kumari, wife of Arun Kumar Sharma
Age— 44 years Gender— Female
Mobile No.— Aadhar No.—670352543536
18. Madhu Kumari, wife of Late Pradeep Kumar Chaudhary
Age— 43 years Gender— Female
Mobile No.—705038824 Aadhar No.—847965694068
19. Santosh Kumar, son of Jaglal Ram
Age— 32 years Gender—Male
Mobile No.—952573208 Aadhar No.—899704366693
20. Ranjeet Paswan, son of Shivshankar Paswan
Age— 33 years Gender—Male
Mobile No.—980151803 Aadhar No.—602468262045
21. Pinki Kumari, wife of Raghunath Prasad Singh
Age— 41 years Gender— Female
Mobile No.— 620183367 Aadhar No.—362852868668
22. Madhu Kumari , wife of Satish Kumar
Age— 39 years Gender— Female
Mobile No.— 947347668 Aadhar No.—274330423227
23. Neha Kumari, daughter of Mahendra Kumar
Age— 29 years Gender— Female
Mobile No.—83402490Aadhar No.—559890958276
24. Kalpana Kumari, daughter of Prabhat Kumar
Age— 29 years Gender— Female
Mobile No.—9973615 Aadhar No.—616385839852
25. Rani Kumari, daughter of Satish Kumar
Age— 00 years Gender— Female
Mobile No.—8051321324 Aadhar No.—999372219929
26. Pallavi Kumari, wife of Hariom Kumar
Age— 27 years Gender— Female
Mobile No.—9472408 Aadhar No.—471564788233
27. Soni Kumari, wife of Deepak Kumar
Age— 29 years Gender— Female
Mobile No.—9304068 Aadhar No.—309983307164
28. Rajesh Raushan, son of Sogendra Prasad Yadav
Age— 31 years Gender—Male
Mobile No.—9708780 Aadhar No.—927935132851
29. Piyanka Kumari, wife of Rajeev Kumar
Age— 0000 years Gender— Female
Mobile No.— 7903161707 Aadhar No.—
 30. Rahul Kumar, son of Madan Prasad Singh
Age— 37 years Gender—Male
Mobile No.—7450501602 Aadhar No.—668266346844
31. Dinanath Kumar, son of Pashupati Sah
Age— 38 years Gender—Male
Mobile No.—9931991705 Aadhar No.—726615289931
32. Shiv Kumar, son of Ram Narayan Singh
Age— 28 years Gender—Male
Mobile No.—9386521407 Aadhar No.—507819991828
Resident of Village—Jarang Mllahtoli
P.S.—Gaighat District—Muzaffarpur
33. Aakriti, daughter of Dinesh Prasad Singh
Age— 27 years Gender—Female
Mobile No.—9576873723 Aadhar No.—829550545611
Resident of Village—Karnaul Chaturbhuj
P.S.—Sahebganj District—Muzaffarpur
34. Ranjan Prasdad, son of Jasman Prasad
Age—29 years Gender—Male
Mobile No.—9835942894 Aadhar No.— 809989717413
Resident of Village—Kharhar, P.S.—Minapur
District—Muzaffarpur
35. Abhay Kumar, son of Arjun Singh
Age— 20 years Gender—Male
Mobile No.—9939948225 Aadhar No.— 810489158560
Resident of Village—Bishunpur Pandey P.S.—Minapur
District—Muzaffarpur
36. Aditya Anand, son of Hrishankar Singh
Age—25 years Gender—Male
Mobile No.—8210584482 Aadhar No.—296985943539
Resident of Village—Sahbajpur, P.S.—Ahiyapur
District—Muzaffarpur
37. Diksha Kumari, wife of Rajmohan Nayak
Age— 36 years Gender—Female
 Mobile No.—7255069884 Aadhar No.—865199643193
38. Sarita Kumari

---------------------Petitioners
Versus
1. The State of Bihar
2. The Principal Secretary, Health Department,
Government of Bihar
3. The Officer on Special Duty, Establishment, Health
Department, Government of Bihar
4. The District Magistrate-cum-Collector, Muzaffarpur
5. The Civil Surgeon-cum-Chief Medical Officer,
Muzaffarpur ---------------Respondents

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 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 extend the contractual services of the
petitioners who are paramedical personnel and 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 Bihar being a welfare state its government and
its authorities are right in using the services of health workers
during medical emergency and arbitrarily terminating their
services on flimsy grounds?
(iii) Whether COVID—19 pandemic is really over and there
is absolutely no need of these health workers?
(iv) 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?
(v) 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
reinstate 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 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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”.

12. That on 17-6-2021 the Civil Surgeon-cum-Chief

Medical Officer, Muzaffarpur issued memo no. 3639 informing
therein that on the basis of direction issued by the District
Magistrate-cum-Collector, Muzaffarpur services of health
workers hired during COVID-19 pandemic was being
terminated from the date of issuance of that letter.
13. That on 18-6-2021 the Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur issued revised memo no. 3648, cancelled
the earlier memo no. 3639 dated 17-6-2021 and reinstated the
health workers and authorized them to do their job till 26-7-
2021.
14. That on 22-6-2021 the Civil Surgeon-cum-Chief Medical
Officer, Muzaffarpur informed that on the basis of direction
issued by Health Department, Government of Bihar services of
health workers hired during COVID-19 pandemic was being
terminated from immediate effect. The health workers were
informed about their termination through Whatsapp by the
offices where they were posted.
15. That after termination from service these health workers
under the banner of “Swasthya Karmi Manav Bal Sangh”
submitted their grievances before the Civil Surgeon-cum-Chief
Medical Officer, Muzaffarpur on 01-7-2021.
A Photostat copy of the abovementioned
representation before Civil Surgeon-cum-
Chief Medical Officer, Muzaffarpur dated 01-
7-2021 is attached herewith and marked as
Annexure-III to this petition.
16. That On 01-7-2021 itself these health workers submitted
their grievances before the District Magistrate-cum-Collector,
Muzaffarpur under the banner of “Swasthya Karmi Manav Bal
Sangh”.
A Photostat copy of the
abovementioned representation dated 01-7-
 2021 before District Magistrate-cum-
Collector, Muzaffarpur is attached herewith
and marked as Annexure-IV to this petition.
17. That the abovementioned health workers served the
patients suffering from highly contagious COVID-19 disease
risking their lives. It has been informed that husband of a
health worker named Abhilasha contacted corona ailment from
her and died recently. These health workers served the
humanity well and they deserve respectful treatment. And
weightage in future recruitment to similar posts may be a
befitting reward by the Government of Bihar to these poor
health workers.
18. That these health workers are qualified paramedical
personnel and they may be an asset to the Government of Bihar
if they are appointed to regular posts against the existing or
future vacancies. Several posts of health workers are vacant in
the health establishments of the government. Health Minister
Mangal Pandey has issued statement to news papers that about
30,000 health workers are going to be appointed till September
2021.
19. That recently Hon’ble Supreme Court of India has said
that fight against COVID-19 is a ‘world war’. Our Prime
Minister Mr. Narendra Modi has called doctors and health
workers as Corona Worriers. Unfortunately Government of
Bihar has exploited these health workers and has thrown them
out of service after using them.

20. That the State of Bihar and its authorities have exploited
the petitioners and after using them terminated their services on
flimsy grounds. The corruption charges were levelled on their
appointment to facilitate NGO’s in recruiting and eventually
exploiting the petitioners. The NGO’s like Urmila, Beltron,
Care India and MS Enterprises started recruiting the health
workers since June 2021 itself, i.e., exactly after removal of the
petitioners. In fact abovementioned NGO’s recruit the health
workers shorter periods so that they cannot claim regularization
and other consequential benefits in service.

21. That in fact nothing was illegal in the appointment of the

petitioners. The so called ‘illegal appointment’ was the
brainchild of the authorities to help the NGO’s who thrive on
the exploitation of the poor job-seekers.
22. That in view of the circumstances mentioned it is
submitted most humbly that a direction from this Hon’ble
Court alone can redress the grievances of the abovementioned
health workers and save them from hardship and exploitation
on account of loss of service which was the only source of their
livelihood.
23. That the petitioners have no other equally efficacious
alternative remedy than to move this Hon’ble Court for
redressal of their grievances.
24. That the petitioners have not moved this Hon’ble court
earlier either for the relief sought for in this writ application or
in respect of the contents thereof.
It is, therefore, prayed that Your Lordships
may graciously be pleased to issue rule NISI
calling upon the respondents to show cause as
to why the prayer made by the petitioners in
paragraph no. 1 of this application be not
granted and after hearing the parties be
pleased further to make the rule absolute
against the respondents by allowing this writ
application and by granting the relief sought
for.
 AND
Be pleased further to pass such order/orders
which your Lordships may deem fit and
proper in the facts and circumstances of this
case.
And for this the petitioners will ever pray.