PATNA HIGH COURT ISSUES JUDGEMENT ON THE STATE OF BIHAR V/S ANIL KUMR SHARMA

PATNA, India, Nov. 21 -- Patna High Court issued the following judgment on Oct. 30:

Heard learned counsel for the parties.

2. Following is the relief sought for in the present intra court appeal:-

"That the instant memo of appeal is being directed against the order and judgment dated 25.09.2024 passed in CWJC No. 1989 of 2023 by the Hon'ble Single Judge whereby and whereunder the Hon'ble Single Judge has held that the petitioners/respondents are entitled to be absorbed/regularised as Superior Field Workers/Field Workers in the establishment of the Department of Health and Family Welfare, subject to the condition of their seniority in the existing vacancy of the department, within 90 days from the date of communication of this order."

3. Following is the finding made by the learned Single Judge:

"13. Since, the petitioners worked for 240 days during the period of 5 years starting from 1985-1986, their right of absorption/regularization has been crystallized by virtue of the resolution of the State Government dated 16.03.2006. When the right of the petitioners for regularization has been settled by a 2006 Resolution, the same cannot be denied by a subsequent decision of the General Administrative Department taken in the year 2022. Moreover, I have already come to the conclusion that the reasoned order passed on 30.08.2022 on the basis of the decision in C.W.J.C. No.5538 of 2020 completely misinterpreted and misconstrued the resolution dated 16.03.2006. Thus, the said resolution cannot stand. 14. In view of what has been stated above, this Court finds that the petitioners are entitled to be absorbed/ regularized as Superior Field Workers/Field Workers in the establishment of the Department of Health and Family Welfare, subject to the condition of their seniority in the existing vacancy of the department, within 90 days from the date of communication of this order"

4. Upon perusal of records of the case, we find that there is no sufficient material available on record to substantiate the grounds of the present appeal. Therefore, in our view, the appellant has been unable to dislodge the findings of the learned Single Judge.

5. Thus, considering the submissions advanced on behalf of the parties and the observations and findings of the learned Single Judge, we find no infirmity in the order. 6. The present appeal is accordingly dismissed. 7. Pending application(s), if any, shall stand disposed of.

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