In The State of Bihar through the Principal Secretary, Health Department, Government of Bihar & Ors. vs. Anil Kumr Sharma & Ors. (2025), Patna High Court's Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma delivered a 3-page long judgement dated October 30, 2025, wherein, it concluded:"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."
The other seven appellants were: Commissioner-cum-Secretary, Department of Health and Family Welfare, Government of Bihar, Deputy Secretary, Department of Health and Family Welfare, Government of Bihar, Director-in-Chief, Disease Control Public Health Paramedical, Health Service, Government of Bihar, Chief Malaria Officer, Bihar, District Magistrate-cum-Collector, Patna, Civil Surgeon-cum-Chief Medical Officer, Patna and District Malariaa Officer, Sultanganj, Patna.
The other eight respondents were: Surendra Prasad, Ramekwal Prasad, Vidya Sagar Prasad, Ram Bhawan Paswan, Rajnandan Saw @ Rajnandan Sao, Madan Prasad, Prem Paswan and Chuni Lal Thakur @Chunilal.
The appeal was directed against the order and judgment dated September 25, 2024 passed in Anil Kumar Sharma & Ors. vs. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar & Ors. (2024) by Justice Chaudhuri, the Single Judge whereby and whereunder he had held that the petitioners/respondents were 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.
Justice Chaudhuri had observed: “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”.
The nine petitioners before the High Court's Single Judge Bench used to work on Daily Wage basis as a Seasonal Field Workers as DDT sprayers in Malaria Eradication Department under the Department of Health and Family Welfare, Government of Bihar. The case of the petitioners was that they were engaged as Seasonal Workers in the year 1985 and 1986, till 1990, they worked more than 240 days, therefore, they were entitled to be regularized/absorbed in Group-D posts in the Department of Health and Family Welfare as per State Government Resolution dated March 16, 2006, which came into force retrospectively w.e.f. December 11, 1990. The petitioners had prayed for issuance of appropriate writ in the nature of Certiorari for setting aside the memo dated August 30, 2022 issued under signature of the Director-in-Chief, (Disease Control, Public Health, Paramedical), Health Service, Government of Bihar, Patna whereby and whereunder, grievance of the petitioners for regularization/absorption in the regular cadre Class- IV was rejected. They had also prayed for issuance of a writ in the nature of Mandamus directing the respondent authorities to issue orders for regularization/absorption of the petitioners in the regular cadre Class-IV as Superior Field Worker/Field Worker respectively in accordance with law keeping in view of the Seniority List in the District-Patna. They prayed for directing the respondent authorities to follow the Seniority List strictly for regularization/ absorption of the petitioners in the regular cadre against the vacancy available.
In the second judgement as Acting Chief Justice, Justice Singh upheld the 12-page long order dated September 25, 2024 passed by Justice Bibek Chaudhuri.
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