780 paramedical personnel challenged arbitrary termination and non-payment of wages. The Court directed the Civil Surgeon to ascertain work done and disburse full wages within four weeks, avoiding adjudication on the legality of engagement.
Direction to Civil Surgeon to ascertain work done and disburse wages to petitioners within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13102 of 2021
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... ... Petitioner/s
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Patna High Court CWJC No.13102 of 2021 dt.17-08-2021 2/4
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Pandey Bipul Kumar, Advocate Ms. Surya Nilambari, Amicus Curiae For the Respondent/s : Mr. Ajay Behari Sinha, GA 8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/Hon’ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
Date : 17-08-2021
Petitioners have prayed for the following relief(s):
“For issuance of appropriate writ/writs directing the respondent and other concerned authorities to reinstate in service the 780 paramedical personnel and other health workers hired during COVID-19 pandemic and who have been terminated from service arbitrarily on 22-6-2021 by the Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur in compliance of a direction issued by Officer on Special Duty, Establishment, Health Department, Government of Bihar. All these health workers have been terminated from service by the abovementioned single order. This petition prays further that aforesaid paramedical personnel and other health workers be paid wages for entire three months for the services rendered by them and be given weightage in appointment against regular vacancies on account of their excellent work.”
While issuing notice, we had confined the petition
to the averments made in para-20 of the petition which are
Patna High Court CWJC No.13102 of 2021 dt.17-08-2021 3/4
reproduced hereunder:
“20. That till date these poor health workers have not been paid wages for their services. Non-payment of even minimum wages to these health workers and arbitrary termination of their service amounts to their exploitation at the hands of authorities and is a denial of their right to live with basic human dignity and is a violation of Article 21 of the Constitution of India.”
We find that in the response filed by Respondent No. 5, Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur, there is no specific denial of the averments reproduced (supra).
At this stage, learned counsel for the said respondent states that upon verification of fact by the Civil Surgeon, wages, complete in all respect, would be paid to such of those petitioners who have actually worked and discharged their duties, more so during the time of pandemic Covid-19.
Statement accepted and taken on record.
Petition stands disposed of with the following
directions:
(1) Petitioners shall make themselves available in
the office of the Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur, Respondent No. 5, on 21.08.2021 who shall, after ascertaining the factum of they having discharged their duties,
Patna High Court CWJC No.13102 of 2021 dt.17-08-2021 4/4
ensure disbursement of wages in entirety. Same shall be done within a period of one week from the date of ascertaining such fact, but not later than four weeks from today.
The issue as to whether the petitioners’ engagement was legal or illegal, would not be gone into, for if the petitioners have already served the State, they would be entitled to the wages payable to regularly selected persons. However, If their engagement is illegal, their action be taken against the appointing authority for which the petitioners cannot be penalized.
We fully appreciate the efforts put in and assistance rendered by learned Amicus Curiae Ms. Surya Nilambari, Advocate.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
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| Uploading Date | 21.08.2021 |
| Transmission Date |
1 issue framed by the court
Whether paramedical personnel terminated during the pandemic are entitled to wages for services rendered.
1 provisions across 1 enactments
Aditya Anand and others
The State of Bihar and others
Chief Justice Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
