Manoj Kumar Singh vs The State Of Bihar and Ors
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9469 of 2018
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Manoj Kumar Singh Son of Sri Ram Bilash Singh, Resident of Village- Selra,
P.O.- Selra, P.S. Jai Nagar, District- Madhubani.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Chief Malaria Officer, Department of Health, Government of Bihar,
Patna.
3. The District Magistrate, Madhubani.
4. The Civil Surgeon, Madhubani.
5. The District Malaria Officer, Madhubani.
... ... Respondent/s
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Appearance:
For the Petitioner/s : Mr. Tej Bahadur Singh, Sr. Advocate
Mr. Brisketu Sharan Pandey, Advocate
For the State : Mr. Anil Kumar Verma, A.C. to AAG-9.
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CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
CAV JUDGMENT
Date : 01-09-2026
1. Heard learned Senior counsel for the petitioner and
learned counsel for the State.
2. 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
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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.
3. 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.
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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.
4. 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.
5. 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
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time to time. A copy of the letter is enclosed as Annexure - ‘2’ to
this writ application.
6. 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).
7. 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
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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.
8. 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.
9. 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
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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.
10. 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.
11. 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
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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.
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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.
12. 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.
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13. 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.
14. 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.
15. 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.
16. It is further clarified that if the Principal
Secretary, Department of Health, Govt. of Bihar (respondent no. 1)
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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.
17. With the above observation/direction and liberty
as granted, the present writ petition stands disposed of.
18. All pending I.A.s, if any, will be deemed to have
been accordingly disposed of.
(Kumar Manish, J)
sanjeev/-
AFR/NAFR
CAV DATE 21.08.2026
Uploading Date 01.09.2026
Transmission Date