Manish Kumar Srivastava and Ors v. The State Of Bihar and Ors
CWJC/5617/2017 · 2025-07-11
Anshuman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 42103 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42103 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5617 of 2017 ======================================================
1. Manish Kumar Srivastava Son of Late Yogendra Prasad, Resident of village - Vijayeepur, Post office - Akolahi, Police Station - Mairwa, District - Siwan At Present Posted and Working as Senior Field Worker in Malaria Department, Block - Ziradeyee, District - Siwan
2. Suman Kumar Shrivastava, Son of Shri Bhuneshwar Prasad Srivastava, Resident of village Post - Bishunpura Bazar, Police Station Mairwa, District - Siwan at Present Posted and Working as Senior Field Worker in Malaria Department, Block - Ziradeyee, District - Siwan
3. Madan Ji Kushwaha, Son of Late Ramdhari Kushwaha, Resident of village - Chotkagaon Nawka Tola, Post office Police Station Bhatpur Rani, District - Dewaria U.P. At Present Posted and Working as Senior Field Worker in Malaria Department, Block Nautan, District - Siwan
4. Arun Kumar Shrivastava, Son of Shri Suman Kumar Srivastava, Resident of village Post - Bishunpura Bazar, Police Station Mairwa, District - Siwan at Present Posted and Working as Field Worker in Malaria Department, Block - Ziradeyee, District - Siwan ... ... Petitioner/s Versus
1. The State Of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.
2. The Principal Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna
3. The Director - in - Chief, Health Services, Bihar, Patna
4. The District Magistrate, Siwan
5. The Establishment Committee through its Chairman, the Collector - Cum - District Magistrate, Siwan
6. The Deputy Collector, Establishment, Siwan
7. The District Malaria Officer, Siwan ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the State : Mr. Ajay Behari Sinha (GA-8) ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 11-07-2025 Heard learned counsel for the petitioners and learned counsel for the State.
Patna High Court CWJC No.5617 of 2017 dt.11-07-2025 2/3
2. Learned counsel for the petitioners submits that the petitioners have applied for appointment on the post of Class-IV and seeks following relief/s:-
“I. For directing the respondent authorities concerned to select/appoint the petitioners on class IV post by including their names in the panel for Class IV post as per the decision of the Government for empanelment for Class IV post. II. For directing the respondent authorities concerned to appoint the petitioners on class IV post in Muffasil offices under the district of Siwan without any further delay, as the petitioners are discharging the duties as either Senior Field Worker/Field Worker in Malarai Department in the district of Siwan as some of the petitioners since 2008 and some later on. . For directing the respondent authorities Ⅲ concerned to select/appoint the petitioners on the vacant post of Class IV post on existing vacancies in the district of Siwan by following the procedure. IV. For directing the respondent authorities concerned to dispose of the representation of the petitioners, which is pending before the District Magistrate, Siwan for including the names of the petitioners in the final panel for their selection on Class IV posts by providing age relaxation as the petitioners are
Patna High Court CWJC No.5617 of 2017 dt.11-07-2025 3/3 discharging the duties as either Senior Field Worker/Field Worker in Malarai Department in the district of Siwan as some of the petitioners since 2008 and some later on. V. For issuance of any other writ/writs,
order/orders, direction/directions for which the petitioners would be entitled in the facts and circumstances of the present case.”
3. Learned counsel for the State raised a preliminary objection and submits that the Government of Bihar has framed a rule in 2023 namely, fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023 according to which, every Class-IV employee under the State of Bihar has to be appointed according to the said rule.
4. In the light of the said rule, the petitioners have no case. Hence, this writ petition is hereby dismissed.
Divyansh/- (Dr. Anshuman, J) AFR/NAFR CAV DATE NA Uploading Date 14/07/2025 Transmission Date NA