Manoj Kumar Singh vs The State Of Bihar & Ors.

Heard learned Senior counsel for the petitioner and learned counsel for the State.

This writ application has been filed on behalf of the petitioner directing the respondents to consider the petitioner for absorption or regularization at Class IV post or on the post of D.D.T Sprayer against which he is working since his date of appointment.

The petitioner has further prayed for a direction to the respondents for implementation of the order of this Hon’ble Court and further to fill the vacancies from the panel (District wise or State wise) prepared pursuant to the direction of this Hon’ble Court in CWJC No. 7543 of 1999 (Mausami D.D.T Chhirkon Kramchari Sangh & Ors. v. The State of Bihar & Ors.)

And further for a direction to the respondents to absorb the petitioner after giving sufficient relaxation in his age (as eligibility criteria) and other consequential benefits, against vacant post of Class IV employees or against the post of D.D.T Sprayers which is lying vacant and no regular appointment is being done in the District of Madhubani against the aforesaid post.

The petitioner was appointed as D.D.T Sprayer (Seasonal Employee) in the year 2007. Since then, he has been continuously working and involved in spraying/jogging of D.D.T and other fumigants as instructed and he has never been removed from the post on which he has been appointed.

It is submitted by Senior Counsel on behalf of the petitioner that other similarly situated employees from different districts have approached this Hon’ble Court for absorption and regularization of their service in a series of writ applications and this Hon’ble Court has given various decisions in which it was directed to the respondents to prepare the panel of employees working as D.D.T Sprayers, district wise as well as state wise.

This Hon’ble Court in CWJC No. 7543 of 1999 vide its order dated 04.03.2004 have directed the respondents to prepare a panel of D.D.T Sprayers (Seasonal Employees) so that in future, in case of availability of vacancy, proper appointment/orders are issued in favour of the persons included in the panel for the cases of regular employment.

This Hon’ble Court in case of CWJC No. 12533 of 2005 and analogous cases vide order dated 18.03.2008 and in other cases issued similar directions regarding preparation of panel and appointment from the panel in case of existing vacancy from the said posts from the said panel.

In compliance to the order and direction of this Hon’ble Court issued in CWJC No. 7543 of 1999, the Chief Malaria Officer issued Memo No. 496 dated 04.05.2004 wherein respondent no.2 issued direction to all District Malaria Officers to prepare a district-wise panel and send it to the District Magistrate for completion and preparation of state-wise panel and such employees who have been working as D.D.T Sprayers in the respective districts, and in the aforesaid letter, it was specifically mentioned that the panel is to be prepared by absorption and appointment against the vacancies which come into existence from time to time. A copy of the letter is enclosed as Annexure - ‘2’ to this writ application.

Pursuant to the aforesaid letter dated 04.05.2004, a district-wise panel/seniority list for D.D.T Sprayers (Seasonal Workers) was prepared in the several districts including district of Madhubani and the aforesaid panel ( seniority List) as prepared by the District Malaria Officer, Madhubani was sent to the District Deputy Director- Controlling Officer, Chief Malaria Officer.

Senior Counsel further submitted that from time to time, the said panel has been revised and finally on 09.11.2016, a fresh panel was sent to the Chief Malaria Officer and the name of the petitioner was in the said panel is at serial no. 926. A copy of the said panel is annexed as Annexure- ‘3’ to this writ application.

It is submitted on behalf of the petitioner that the aforesaid panel/seniority list of the persons working as D.D.T Sprayers was sent to the respondent no. 2. Despite that, the respondent has not finalized the state level panel/seniority list for the D.D.T Sprayers (Seasonal Workers).

It is further submitted by the Senior Counsel on behalf of the petitioner that there are a number of considerable existing vacancies in the District of Madhubani but the petitioner and other similarly situated employees are not being considered for regularization. The petitioner further submits that similarly situated employees of Muzaffarpur district moved before this Hon’ble Court in CWJC No. 145 of 2015 for the similar relief, i.e., for absorption or regularization on Class IV post of D.D.T Sprayers and vide order dated 12.03.2015, the aforesaid writ application was disposed of with certain directions and observations and in light of the order dated 12.03.2015, a fresh panel of D.D.T Sprayers for the district of Muzaffarpur had been prepared on 28.03.2017 and thereafter vide Memo No. 156 dated 07.06.2017, the similarly situated employees of Muzaffarpur, D.D.T Sprayers (Seasonal Workers) have been absorbed/appointed on Class IV posts.

It is submitted that in respect of specific orders/directions by this Hon’ble Court for preparation of panel and further for appointment from the said panel against available existing vacancies, the respondents only prepared panel of the employees but have not appointed them from the panel. The respondents are sitting tight over the matter and ignoring the specific directions passed by this Hon’ble Court.

It is submitted that the petitioner is continuously working since the date of appointment. He has already completed 240 working days and the respondents have already prepared the panel and the name of the petitioner also figures in the said panel and there are considerable vacancies in existence in the department, hence, there is no impediment as such but due to lack of spirit by the respondents, the order passed by this Hon’ble Court are not being implemented although there is a letter issued by the department in the year 2005 itself. The respondents are not making the appointment of the petitioner and other similarly situated employees.

Per contra the stand of the respondent is that the claim of the petitioner is related with the District Selection Committee headed by the District Magistrate, Madhubani and all action in this regard has to be taken at his level and for all further action will be taken at his level. It is further stated that the Director-in-Chief (Disease Control, Health Services, Bihar, Patna) by his Letter No. 443/110 dated 29.05.2018 has requested the District Magistrate, Madhubani to take suitable action with respect to the claim of the petitioner.

A counter affidavit has also been filed on behalf of respondent nos. 3, 4 and 5. It is submitted on behalf of the respondents that pursuant to the order dated 10.04.2018 passed in C.W.J.C. No.7420 of 2017, The District Magistrate, Madhubani wrote a letter to the Civil Surgeon, Madhubani stating therein that for preparing the seniority list of D.D.T Sprayers (Seasonal Workers) for their adjustment in Health Department in Class IV grade employees, the names of 1224 D.D.T sprayers have been made available at Civil Surgeon level while only 6 posts are lying vacant in the District Malaria Office, Madhubani which is much enough than the existing vacancies.

It is further stated that the seniority list has to be made and prepared and sent in 1: 3 ratio for preparing the panel and return back the list with a direction from the Health Directorate, Bihar, Patna that existing vacancies are only 1224 of D.D.T Sprayers and after taking direction, a clear report be made available to the District Magistrate so that steps or process for adjustment on the basis of seniority list as per the direction of Hon’ble Court could be taken vide letter No. 1161 dated 23.07.2018.

It is further stated in the counter affidavit that pursuant to the direction of the District Magistrate, the District Vector born Disease Control Officer, Madhubani vide letter No. 490 dated 27.10.2018 informed the petitioner that the process is going on and in the light of the order of the Hon’ble Court and direction is solicited from the Director-in-Chief, Heath Department, Patna, Bihar which is not yet received.

It is relevant to state that the District Magistrate, Madhubani has also written a letter to the Additional Secretary, General Administrative Department, Madhubani soliciting direction to this effect by letter No. 1840 dated 15.11.2018 and also reminders but no reply has been given to the District Administration either by the Health Department or General Administrative Department, Govt. of Bihar.

The learned counsel for the petitioner has brought to the notice the judgment passed by this Hon’ble Court in C.W.J.C. No. 22489 of 2011 and C.W.J.C. No. 25437 of 2019 and C.W.J.C. No. 1989 of 2023. After going through the above orders, several directions have been issued to the respondents. The petitioner has also relied upon the cases of Sunil Kumar Yadav v. State of Jharkhand reported in 2026 (4) PLJR (SC) 49 and also relied on the case of Jaggo v. Union of India and Ors. reported in 2025 (1) PLJR (SC) 165 as well as in the case of Shripal and Anr. v. Nagar Nigam, Ghaziabad reported in 2025 INSC (1) 144. Relying upon the aforesaid judgments, it is submitted on behalf of the petitioner that the case of the petitioner is also to be considered and the grievance of the petitioner should be redressed in consonance with the direction of the Hon’ble High Court as well as Hon’ble Supreme Court.

It has also been submitted on behalf of the State-respondents that the petitioner may be directed to file a fresh representation providing details of his service profile along with supported materials and judgments relied upon for adjudication of his claim for regularization.

Considering the above, the petitioner is directed to file a fresh representation before the Principal Secretary, Department of Health, Govt. of Bihar (respondent no. 1) giving details of his service profile along with supported materials and judgments relied upon by him within a period of four weeks from today. If the representation is filed within the stipulated time, the Principal Secretary, Department of Health, Govt. of Bihar (respondent no. 1) shall dispose of the same within a period of eight weeks from the date of receipt of the representation.

It is needless to emphasis that the final order to be passed by the Principal Secretary, Department of Health, Govt. of Bihar (respondent no. 1) should be a reasoned and speaking order, taking into consideration the provisions of Bihar Litigation Policy, 2011. Opportunity of hearing should be given to the petitioner before passing any order.

It is further clarified that if the Principal Secretary, Department of Health, Govt. of Bihar (respondent no. 1) comes to the conclusion that the petitioner is entitled to the reliefs, which the petitioner would be claiming through his representation, then the same should be extended to the petitioner within a period of six weeks from the date of passing of the final order on the representation of the petitioner.

With the above observation/direction and liberty as granted, the present writ petition stands disposed of.

All pending I.A.s, if any, will be deemed to have been accordingly disposed of.