Patna High Court
The State Of Bihar Through The Principal ... vs Anil Kumr Sharma on 30 October, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.101 of 2025
In
Civil Writ Jurisdiction Case No.1989 of 2023
======================================================
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Commissioner-cum-Secretary, Department of Health and Family
Welfare, Government of Bihar, Patna.
3. The Deputy Secretary, Department of Health and Family Welfare,
Government of Bihar, Patna.
4. The Director-in-Chief, Disease Control Public Health Paramedical, Health
Service, government of Bihar, Patna.
5. The Chief Malaria Officer, Bihar Patna.
6. The District Magistrate-cum-Collector, Patna.
7. The Civil Surgeon-cum-Chief Medical Officer, Patna.
8. The District Malariaa Officer, Sultanganj, Patna.
... ... Appellant/s
Versus
1. Anil Kumr Sharma, Son of Sri Janeshwar Sharma Resident of Village -
Kareya, P.O. and P.S. - Panchanpur, District- Gaya, PIN - 824236.
2. Surendra Prasad, Son of Late Ram lakhan Prasad @ Late Ram Lakhan Sao,
Resident of Village - Saichak, Shivaajee Colony, Anishabad (Beur), P.S. -
Beur, District- Patna - 800002.
3. Ramekwal Prasad, Son of Sri Chandeshwar Sao, Resident of Village
Deoramkichak, Marchi Mirchi, P.S. - Begampur, District- Patna - 800009.
4. Vidya Sagar Prasad, Son of Late Ramchandra Prasad, Resident of Village -
Vishanpur, Chandrapura, P.S. - Desari, District- Vaishali.
5. Ram Bhawan Paswan, Son of Late Devnarayan Paswan, Resident of Beur
Jail Road, Saichak, Anishabad, P.S. Beur, District- Patna - 800002.
6. Rajnandan Saw @ Rajnandan Sao Son of Late Ramkishun Saw @ Ram
Kishun Sao, Resident of Village Khuragechak (Neora), Anda, P.S. -
Phulwarisharif, District- Patna - 801113.
7. Madan Prasad Son of Sri Suraj Mahto, Resident of Village - Maghauli,
Neora, P.S. - Phulwarisharif, District- Patna - 801113.
8. Prem Paswan, Son of Late Nand Lal Paswan, Resident of Village - Saichak,
Beur, Anishabad, P.S. - Beur, District- Patna - 800002.
9. Chuni Lal Thakur @ Chunilal, Son of Late Parmeshwar Thakur, Resident of
Village - Saichak, P.S. - Beur, District- Patna - 800002.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Prem Ranjan Kumar, AC to AAG IX
For the Respondent/s : Ms. Shweta Anand, Advocate
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Patna High Court L.P.A No.101 of 2025 dt.30-10-2025
2/3
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 30-10-2025
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
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
Patna High Court L.P.A No.101 of 2025 dt.30-10-2025
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.
(Sudhir Singh, ACJ)
(Rajesh Kumar Verma, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.11.2025
Transmission Date
