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Judgment
Date : 20-08-2026 Heard learned counsel for the petitioners, learned counsel for the State, learned counsel for the Union of India and learned counsel for the State Child Protection Society (Respondent nos. 3 & 4).
The present writ petition has been filed for the following relief/s:-
“I. For issuance of writ/s in the nature of Certiorari for quashing the tender and entire process for which letter issued vide memo No. 449 dated 16.6.2023 (Annexure-4) in pursuance of SOP issued by the Union Of India for Child Helpline under Mission Vatsalya Scheme abbreviated herein as SOP-MV issued by the office of the Respondent No.1 on 31.03.2023 for publishing in news paper for inviting tender from out sourcing agency for employment of the staffs under CHL and WHL, ignoring the petitioners including the staffs of Childline who have worked for more than 5 years for adjustment of their services in the present Child Helpline as per Principle settled by the Hon'ble Apex Court as one cannot be removed from the post by way of substituting someone else on the same/work/post.
II. For issuance of writ/s in the nature of Mandamus for directing the respondents to re-instate the petitioners on their post on which they were working in pursuance of their selection, made according to the directives issued by the Department, who have been removed and through new SOP fresh selection is going to be made for the work which has already been rendered by the petitioners who have much experience and an act for substituting the person/candidate for the same work is against the principles settled by the Hon'ble apex court.
III. For issuance of writ/s in the nature of Mandamus for directing the respondent authorities to adjust them under the new scheme Mission Watsalya under which Child Helpline project is going to be started and employment of workers is to be made through the out sourcing agency instead of engaging the petitioners and all employees who have experience and worked under the project of Childline since more than 5 years whose age has been expired for any other public employment and in others state old employees of Childline have been adjusted under new scheme, which discriminatory action of the respondent authorities.
IV. For issuance of writ/s in the nature of mandamus for directing the respondent authorizes to not select and employed the staffs under Child Help Line scheme under Mission Vatsalya during pendency of this writ application.
V. And for any other relief/s for which petitioners are legally entitled too.”
Learned counsel for the petitioners submits that the issue involved in the present writ petition is directly and substantially identical to that of C.W.J.C No. 14502 of 2023 (Usha Kumari & Ors. Vs. The Union of India & Ors.), which was disposed of by the Co-ordinate Bench of this Court vide order dated 06.08.2026. Counsel, therefore, submits that this writ petition may also be disposed of in the light of observations made in the said writ petition.
Learned counsel for the State to cut short the matter put emphasis on the letter dated 13.04.2023 issued by the Ministry of Women and Child Development Department, Government of India under the signature of its under-Secretary with request to the number of States including the State of Bihar to ensure smooth transition and handling over of child line services under erstwhile Child Protection Services (CPS) to Mission Vatsalya Scheme.
Accordingly, the Social Welfare Department under the signature of its Director as also the Vice-Chairman of the State Child Protection Committee came out with the Letter No. 449 dated 16.06.2023 (Annexure-P/4) by which, for the implementation of the said direction, an advertisement was to be issued to pick up the outsourcing agency to provide the volunteers.
The later development that took place is that in 26 districts which included the railway stations and bus stand, the volunteers were picked-up through the outsourcing agency, the duration of the contract as per the SOP is/was initially for two years, extendable for next one year (maximum three years) from the date of award of contract.
In the meantime, the petitioners invoked the writ jurisdiction alleging that despite they continuing earlier, they have been ignored in picking up the volunteers. On 07.12.2023, a Co-ordinate Bench of this Court while directing the State to file affidavit, allowed the operators/petitioners to continue on the post where fresh appointment has not been made.
The submission is that this resulted into the rest of the districts not getting the volunteers as per the direction of the Central Government.
Learned counsel for the State and learned counsel for the Union of India both have filed their affidavits and it is important to incorporate the statement made by the Union of India in paragraph-14 which read as under:-
“14.That it is submitted that the present writ petition deals with the employment of the Petitioners and request is made by the petitioners that they may be employed in Child Helpline as under the Mission Vatsalya Scheme considering the experience they hold in this area. In this respect it is submitted that as per the SOP dated 31.03.2023, which was shared with all the States and UTs, experienced employees are to be accommodated on priority basis to ensure smooth transition of the 1098 to the States/UTs. Reference may be drawn to Part B of Annexure-III, at Page 24 wherein, it is clearly provided that preference may be given to the experienced personnel. Further, as per the SOP, there is no bar on the continuation of the old staff and the States and UTs are free to give preference to the old staff considering the qualification and experience.”
Learned counsel for the State as also the learned counsel representing the Central Government jointly submits that the three years period of the appointment that took place in the year 2023 now has come to an end, fresh advertisement shall be issued by the State Government in line with the direction of the Central Government in which the stand taken by the Central Government of giving preference to the old staffs on the basis of qualification and experience shall be incorporated. They further submits that when the Central Government itself has made averment that they will be getting certain weightage in the fresh picking up of the volunteers through the outsourcing agency, the writ petition can be disposed of.
In this background, recording the State as also the Central Government’s version, expecting the State to incorporate the statement made by the Central Government in the fresh advertisement so issued for giving weightage to the persons who are/were earlier working on the post, the writ petition is disposed off. The interlocutory application(s), if any, also stands disposed off.