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2025 DAILYLAW 48342 (PAT)

Ravi Raushan v. The State of Bihar

CWJC/10784/2025 · 2025-07-15

Harish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10784 of 2025 ====================================================== 1. Ravi Raushan S/O Jagdish Singh, Residence of Village Ikill, Post- Sonbarsha, Ps-Nawanagar, District-Buxar, Pin-802125. 2. Ajit Kumar, S/O Gopal Prasad Singh, Residence of Village- Tilsa, P.S- Nasriganj, District- Rohtas, Bihar-821310. 3. Om Prakash, S/O-Ganesh Singh, Vill and Post-Sarmatpur, Dist-Vaishali, Pin -844501. 4. Balram Kumar, S/O - Ram Naresh Singh, Vill - Raghunathpur, Post Office - Silout, P.S - Mushahari, District - Muzaffarpur, Bihar - 843119. 5. Ravi Kumar S/O Daroga Ram, Vill- Panyari, Post Office- Maniya, P.S- Nawanagar, District - Buxar, Bihar-802125. 6. Manu Kumar Sharma, S/O-Om Nath Sharma, Village and Post-Kasap, District -Bhojpur, Bihar, Pincod-802206. 7. Krishna Kumar, S/O Ganesh Ram, Vill Shrirampipra, Post Office Anandpur, P.S-Bahadurpur, District Darbhanga, Bihar 847101. 8. Ankit Kumar S/O- Anil Prasad, Vill Gaya Po- RS Gaya Ps-Delha, District - Gaya, Pin - 823002. 9. Jayram Kumar Prasad, S/o Bhagwat Pandit, Vill - Gopalpur, P.O- Hariharpur Kanar, P.S- Khairah, Dist- Saran Bihar, Pin 841414. 10. Vakeel Prasad, S/O Ganesh Prasad, Residence of Village Bucheya Inami Tola, Post and PS. - Sidhwaliya, District-Gopalganj (Bihar) Pin 841423 11. Pappu Kumar, S/O - Nand Singh, Vill. Usari Nima, Post Office - Usari Bazar, P.S-Mehindiya, District- Arwal, Bihar-804428. 12. Ramesh Kumar, S/O-Surendr Vind, Vill Ahiyasa, Po-Mohiuddinpur, Ps- Ghosi, Dist-Jehanabad State Bihar, Pin Code-804420. 13. Aman Prakash, S/O. - Anil Kumar Singh, Vill - Naushahra Chak, P.O- Ghosi, P.S- Ghosi, Dist - Jehanabad, Bihar, Pin Code-804406 14. Santosh Kumar Paswan, S/O-Ranjan Paswan, Vill-Narsinghpur Bangahi Post Office -Nilkanthpur P.S.- Mahua District - Vaishali Bihar 844122. 15. Aniket Kumar, S/O Balendra Sharma, Residence of Village- Paroo (Choudhary Tola), Post-Paroo, Ps-Paroo, District-Muzaffarpur, Pin-843112 16. Jai Prakash Dubey, S/O-Vikrama Dubey, Vill-Garani. P. O-Dahiwar. P. S- I.A. Buxar. Dist-Buxar, Pin-802116. 17. Ramjee Singh, S/O -Bhagwan Singh, Vill. -Yoga Kharaicha, Post. -Purahara, P.S.- Chauree, Block - Agiaon Dist. Bhojpur, Bihar-802222 . 18. Dhiraj Kumar, S/O Kamleshwar Pd Singh, Residence of Village Batraul Asadnagar, Po and Ps Lalganj, District Vaishali, Pin 844121. 19. Rahul Kumar, S/O Shyamdeni Yadav, Residency of Village Khandwan, Post Office -Kona, P.S. -Rafiganj, District-Auranhabad, Pin-824125 20. Dhiraj Kumar, S/O - Late Chhedi Sharma, Vill - Pupri, Post Office- Pupri, P.S- Pupri, District - Sitamarhi. Bihar-843320. Patna High Court CWJC No.10784 of 2025(2) dt.15-07-2025 2/5 21. Vicky Kumar Sinha, S/O Arun Kumar Sinha, Village Bhusia, Post- Kurmawan P.S-Cherki, District-Gaya, Pin-824237 22. Sanjeev Kumar, S/O - Raman Prajapati, Vill - Mahuawan, Post Office - Sherghati, P.S - Amas, District -Gaya, Bihar-824211. 23. Bipin Kumar, S/O Gopal Prasad, Residence of Village- Kehar Bigha, Post- Dariyapur, PS-Atri, District-Gaya, Pin-805129. 24. Abhishek Raj, S/o- Kaushlendra Kumar, Vill Po- Mahmanna Ps-Tekari, District - Gaya, Pin-824236. 25. Neeraj Kumar, S/o Bhuneshwar Patel, Residence of Village Latihanwa, Post- Latihanwa Ps-Adapur, District-East Champaran, Pin-845302. 26. Rajeev Ranjan Singh, S/O Yogendra Kumar Singh, Vill-Powa, P.O - Powa, P.S- Fatehpur, Dist- Gaya, Pin.- 824232. 27. Sagar Kumar Chaurasiya, S/o - Sadan Kumar, Vill.- Oraina, Post. Oraina, P.S. -Mufassil, Dist.-Nawada, Block - Nawada, Bihar, Pin Code-805123 . 28. Gaurav Raj, S/O Awdhesh Singh, Village -Makhdumpur, P.O-Makhdumpur, P.S-Tankuppa, Dist- -Gaya Bihar, Pin-824232. ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. The Managing Director, BMSICL (Bihar Medical Services and Infrastructure Corporation Limited), Patna. 3. The Additional Chief Secretary, Department of Health and Family Welfare, Govt. of Bihar Patna. 4. The Regional Director, Skills Development and Entrepreneurship, Govt of Bihar, Patna (Digha Ghat). 5. The Managing Director, Urmila International Services Pvt. Ltd. Patna (Bihar). 6. The Executive Director, the State Health Society, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Anand, Adv. For the Respondent/s : Mr. Advocate General For the S.H.S. : Dr. Anand Kumar, Adv. Mr. Rajan Prakash, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-07-2025 Heard the parties. 2. The petitioners before this Court are I.T.I. Patna High Court CWJC No.10784 of 2025(2) dt.15-07-2025 3/5 Technicians whose services were being taken by the State Health Committee, Bihar though outsourcing agency, namely Urmila International Agency Pvt. Ltd. On being aggrieved with their disengagement in terms with letter no. 6991 dated 08.03.2025 they have approached this Court seeking quashing of the same. The petitioners further sought a direction upon the respondent to pay their due salary, which was not paid to them for the last few months. 3. Learned Advocate for the petitioner submitted that it was the scheme of the Government, based upon which approximately 500 oxygen plants on Pan-India basis were established to meet the acute demand of life saving oxygen cylinder after the outbreak of Covid-19 pandemic. Considering the requirement of the I.T,I. Technicians, they were provided necessary training for utilizing their services. However, later on, their services were extended through Urmila International Services Pvt. Ltd. and in the mean time, while they were discharging their duty to the entire satisfaction to all the concerned, another agency has been selected for extending operation, comprehensive maintenance and for troubleshooting. This was the reason which led to disengagement of the petitioner. Patna High Court CWJC No.10784 of 2025(2) dt.15-07-2025 4/5 4. Learned Advocate for the State Health Society submitted that the materials available on record clearly suggest that the petitioners were the employees of Urmila International Services Pvt. Ltd. and their services were being outsourced through that agency hence, if the petitioners have any grievance, the same can be raised only against Urmila International Services Pvt. Ltd., and for that the writ petition is not maintainable. The State Health Society had an agreement with Urmila International Services Pvt. Ltd. for outsourcing of the manpower, which came to an end pursuant to the letter no. 6991 dated 08.03.2025 after selection of new agency. 5. Having considered the submissions set forth by the parties and on perusal of the materials on record, this Court does not find any reason and occasion to interfere in the present writ petition. Except the documents which suggest that the petitioners were extended the training by the State agency, there is no document to suggest that at any point of time the petitioners have entered into an agreement with the State Government and State Health Society. However the dismissal of the writ petition would not come in the way of the petitioners to avail alternative remedy. In such circumstances, no relief could be granted to the petitioner. Patna High Court CWJC No.10784 of 2025(2) dt.15-07-2025 5/5 6. The writ petition stands disposed with the liberty to the petitioners to avail the alternative remedy as available under the law. supratim/- (Harish Kumar, J) U