Patna High Court

Rajeev KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISMISSED
Bench: ANIL KUMAR SINHA

Holding

Contractual health workers engaged under Section 50 of the Disaster Management Act, 2005, have no vested right to continuation or regularisation, and their disengagement is lawful.

Summary

During the second wave of COVID-19 in 2021, the Bihar Health Department engaged about 780 health workers, including the petitioners, on a contractual basis under Section 50 of the Disaster Management Act, 2005, for a three‑month emergency period. The petitioners rendered services but were disengaged on 22 June 2021 when the emergency subsided. They filed a writ petition seeking continuation of their engagement, absorption into regular posts, and weightage for future appointments, alleging arbitrariness and unfair labour practice. The respondents argued that the engagement was expressly temporary, without any statutory right to regularisation, and that the court cannot create such a right. The court held that contractual employees engaged under the disaster provision acquire no vested right to continuation or regular appointment, and that the disengagement was lawful. Consequently, the petition was dismissed.

Issues considered

Whether contractual health workers engaged under Section 50 of the Disaster Management Act, 2005, acquire any right to continuation or regularisation of service.
Whether the court can direct the State to absorb such workers into regular posts or grant them weightage in future appointments.
Whether the disengagement of the petitioners constitutes an arbitrary or illegal act.

Legislation cited

Disaster Management Act, 2005 — s. 50

Subjects

contractual employment
regularisation
Disaster Management Act
COVID-19 pandemic
temporary appointment
public health emergency
labour law

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2752 of 2022
======================================================
1. Rajeev Kumar Son of Ganesh Prasad Singh Mobile No. - 7903161707
Aadhar No. - 727958559292 Resident of Village - Pratappur, P.S. Karza,
District - Muzaffarpur.
2. Ravin Kumar, Son of Ramsakal Prasad Mobile No. - 9973316794 Aadhar
No. - 743456135741 Resident of Village - Majhauliya, P.S. - Minapur,
District - Muzaffarpur.
3. Vikash Raj, Son of Jagdish Lal Mobile No. - 9955407566 Aadhar No. -
717235436477 Resident of Mohalla - Khabra Road, Chak Sen Ramna, P.S.-
Sadar, Distt. - Muzaffarpur.
4. Ramesh Kumar, Son of Lalan Prasad Singh Mobile No. - 8210301241
Aadhar No. - 760303204016 Resident of Village - Pratappur, P.S. - Karza,
District - Muzaffarpur.
5. Santosh Kumar, Son of Rama Shankar Prasad Yadav, Mobile No. -
9304429599, Aadhar No. - 671197287461 Resident of Village - Nandana
Lautan P.S.- Minapur, District - Muzaffarpur.
6. Nisha Kumari, Wife of Divesh Kumar Singh, Mobile No. - 7254837732,
Aadhar No. - 616690657771 Resident of Village - Sutihara Ram, P.S. -
Parihar, District - Sitamarhi.
7. Ranju Kumari, Wife of Dharmendra Kumar, Mobile No. - 9631437489
Aadhar No. - 701856030581 Resident of Village - Somnaha Math, P.S. -
Chakmehsi District - Samastipur.
8. Manjusha Kumari, Wife of Sudesh Kumar, Mobile No. - 7563954695
Aadhar No. - 298793600161 Resident of Village - Chapra Dharampur Jaddu,
P.S. - Kanti, District - Muzaffarpur.
9. Shivansh Raj, Son of Rajeev Kumar Mishra Mobile No. - 9110178828
Aadhar No. - 440464748982 Resident of Village - Tepri, P.S. - Piyar, District
- Muzaffarpur.
10. Gunjita Rani, daughter of Rajeev Kumar Mishra Mobile No. - 9102612240
Aadhar No. - 333700975573 Resident of Village - Tepri, P.S. - Piyar, District
- Muzaffarpur.
11. Pankaj Kumar, Son of Shankar Bhagat Mobile No. - 960872987 Aadhar No.
- 413481531887 Resident of Village - Gausi Bhagirath, P.S. - Kudhani,
District - Muzaffarpur.
12. Soni Kumari, daughter of Mahesh Prasad Mishra, Mobile No. - 9801662108
Aadhar No. - 807891287525 Resident of Mohalla - Panchvati Colony,
Majhauli Khetal, P.S. Sadar, District - Muzaffarpur.
13. Subhash Kumar Chaudhary Son of Ram Murti Chaudhary, Mobile No. -
9470716164 Aadhar No. 607148718376 Resident of Village - Panapur
Khurd, P.S. - Kanti, District - Muzaffarpur.
14. Ritu Kumari Wife of Brajesh Pandey, Mobile No. - 6299784027 Aadhar No.
- 565958289613 Resident of Village - Rampur Lakshmi, P.S. - Kanti,
District - Muzaffarpur.
15. Adarsh Ranjan, Son of Naveen Kumar Mobile No. - 9955670704 Aadhar
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No. - 57155396886 Resident of Village - Rajapakar, P.S. - Sakra, District -
Muzaffarpur.
16. Deepu Kumar, Son of Nagendra Sharma Mobile No. - 9576913752 Aadhar
No. - 895336841725 Resident of Village - Kinaru, P.S. - Maniyari, District -
Muzaffarpur.
17. Anita Kumari, Wife of Arun Kumar Sharma, Mobile No. - 9955670704
Aadhar No. - 670352543526 Resident of Mohalla - Jagatpuri Colony,
Ramdayalu Nagar, P.S. - Sadar, District - Muzaffarpur.
18. Madhu Kumari Wife of Late Pradeep Kumar Chaudhary Mobile No. -
7050388244 Aadhar No. - 847965694068 Resident of Village - Mahanth
Maniyari, P.S.- Maniyari, District - Muzaffarpur.
19. Santosh Kumar, Son of Jaglal Ram, Mobile No. - 952573208, Aadhar No. -
899704366693 Resident of Village - Dharmpur, P.S. - Sadar, District -
Muzaffarpur.
20. Ranjeet Paswan Son of Shivshankar Paswan, Mobile No. - 9801518034,
Aadhar No. - 602468262045 Resident of Village - Sharfuddinpur, P.S. -
Bochahan, District - Muzaffarpur.
21. Pinki Kumari, Wife of Raghunath Prasad Singh, Mobile No. - 620183367
Aadhar No. - 362852868668 Resident of Village- Kharaunadih, P.S. -
Kudhani, District - Muzaffarpur.
22. Madhu Kumari, Wife of Satish Kumar Mobile No. - 7070731846, Aadhar
No. - 274330423227 Resident of Village - Bheriyahi Soti, P.S. Kanti,
District - Muzaffarpur.
23. Neha Kumari daughter of Mahendra Kumar Mobile No. - 8340249048,
Aadhar No. - 559890958276 Resident of Village - Sahbajpur, P.S. -
Ahiyapur, District - Muzaffarpur.
24. Kalpana Kumari daughter of Prabhat Kumar Mobile No. - 7903161707
Aadhar No. - 616385839852 Resident of Village- Pratappur, P.S. - Karza,
District - Muzaffarpur.
25. Rani Kumari, Wife of Satish Kumar Mobile No. - 8051321324, Aadhar No. -
906372219025 Resident of Village - Kharauna Dih, P.S. - Kudhani, District -
Muzaffarpur.
26. Pallavi Kumari Wife of Hariom Kumar, Mobile No. - 9472408111 Aadhar
No. - 471564788233 Resident of Village - Sherpur, P.S. - Sadar, District -
Muzaffarpur.
27. Soni Kumari, Wife of Deepak Kumar Mobile No. - 7903161707, Aadhar No.
- 309983307164 Resident of Village - Purushottampur, P.S. - Sadar, District
- Muzaffarpur.
28. Rajesh Raushan Son of Sogendra Prasad Yadav, Mobile No. - 9708780707,
Aadhar No. - 927935132851 Resident of village - Bisambharpatti, P.S. -
Hathauri, District - Muzaffarpur.
29. Priyanka Kumari, Wife of Rajeev Kumar Mobile No. - 7903161707 Aadhar
No. - 936074509055 Resident of Village - Pratappur, P.S. Karza, District -
Muzaffarpur.
30. Aditya Anand, Son of Harishankar Singh Mobile No. - 8210584482 Aadhar
No. - 296985943539 Resident of Village - Sahbajpur, P.S. - Ahiyapur
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District - Muzaffarpur.
31. Dinanath Kumar, Son of Pashupati Sah Mobile No. - 9931991705 Aadhar
No. - 726615289931 Resident of Village - Muradpur Dulla, P.S. - Ahiyapur,
District - Muzaffarpur.
32. Rahul Kumar, Son of Madan Prasad Singh, Mobile No. - 7450501602
Aadhar No. - 668266346844 Resident of Village - Kokilwara, P.S. - Aurai,
District - Muzaffarpur.
33. Shiv Kumar, Son of Ram Narayan Singh, Mobile No. - 9386521407 Aadhar
No. - 507819991828, Resident of Village - Jarang Mllahtoli P.S. Gaighat,
District - Muzaffarpur.
34. Aakriti daughter of Dinesh Prasad Singh, Mobile No. - 9576873723 Aadhar
No. - 829550545611 Resident of Village - Karnaul Chaturbhuj P.S. -
Sahebganj, District - Muzaffarpur.
35. Ranjan Prasdad Son of Jasman Prasad Mobile No. - 9835942894 Aadhar No.
- 809989717413 Resident of Village - Kharhar, P.S. - Minapur District -
Muzaffarpur.
36. Abhay Kumar, Son of Arjun Singh, Mobile No. - 9939948225 Aadhar No. -
810489158560 Resident of Village - Bishunpur Pandey P.S. - Minapur,
District - Muzaffarpur.
37. Sanjeev Kumar, Son of Shiv Shankar Sah, Mobile No. - 9973900609,
Aadhar No. - 531180745997 Resident of Village- Gorigama, P.S. - Minapur,
District - Muzaffarpur.
38. Sarita Kumari, Wife of Sanjiv Kumar, Mobile No. - 9939450210, Aadhar
No. - 493141563506 Resident of Village- Berai, P.S. - Hathauri District -
Muzaffarpur.
39. Diksha Kumari, Wife of Rajmohan Nayak Mobile No. - 7255069884 Aadhar
No. - 865199643193 Resident of Village - Sahbajpur, P.S. - Ahiyapur
District - Muzaffarpur.
40. Chanda Kumari Wife of Shatrughan Prasad Mobile No. - 0000000 Aadhar
No. 671295508612 Resident of village - Mahdeiya, P.S. - Minapur District-
Muzaffarpur.
41. Rakesh Kumar Son of Shambhu Bhagat Mobile No. - 7782814180, Aadhar
No. - 374115502733 Resident of Village - Majhauliya P.S. - Jhaphan,
District - Muzaffarpur.
42. Vibha Kumari Wife of Raskesh Kumar, Mobile No. - 7782814180 Aadhar
No. - 876745260283 Resident of Village - Majhauliya, P.S. - Jhaphan,
District - Muzaffarpur.
43. Kumari Preeti daughter of Anil Kumar Chaudhary Mobile No. -
7462873210, Aadhar No. - 353820638665 Resident of Village -
Kharaunadih, P.S. - Kudhani, District - Muzaffarpur.
44. Satakshi Kumari, daughter of Sacheendra Kumar Chaudhary Mobile No. -
7779963734, Aadhar No. - 771413908057 Resident of Mohalla -
Ramdayalunagar Lane No. 2 P.S. - Kazimohammadpur, District -
Muzaffarpur.
45. Divya Wife of Alakh Kumar Singh, Mobile No. - 8207880323, Aadhar No. -
840241734509 Resident of Village- Shital Bhakurahar P.S.- Sarai, District -
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Vaishali.
46. Satya Prakash Son of Pawan Kumar Singh Mobile No. - 8210063768
Aadhar No. - 666478084166 Resident of Village - Katra, P.S. - Katra,
District - Muzaffarpur.
47. Deep Kumari Wife of Jitendra Kumar Thakur, Mobile No. - 9162068584,
Aadhar No. - 696997765826 Resident of Village - Balthi Rasulpur, P.S. -
Bochahan, District- Muzaffarpur.
48. Ramlal Kumar, Son of Jaleshwar Bhagat Mobile No. - 9955383834, Aadhar
No. - 438210443769 Resident of Village - Gosain Chhapra P.S.- Saraiya,
District - Muzaffarpur.
49. Bharti Kumari, Wife of Shivchandra Singh Mobile No. - 9801767127,
Aadhar No. - 713997196059 Resident of Mohalla - North Yadav Nagar
Bhagwanpur P.S. - Sadar, District - Muzaffarpur.

... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Health Department Government of Bihar.
3. The Officer on Special Duty, Establishment, Health Department,
Government of Bihar.
4. The District Magistrate-cum-Collector, Muzaffarpur.
5. The Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pandey Bipul Kumar
For the Respondent/s : Mr.Lalit Kishore (Ag)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER

6 16-01-2026 1. The present writ petition has been filed by the petitioners

seeking a direction upon the respondents concerned to

continue and extend the contractual engagement of the

petitioners, to absorb them against regular posts, to grant

due weightage in future regular appointments in

recognition of the services rendered by them during the

COVID-19 pandemic and further to restrain them from
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replacing the petitioners with another set of contractual

employees.

2. I. A. No. 1 of 2025 has been filed seeking amendment in

the writ petition. Initially, 49 petitioners had approached

this Hon’ble Court; however, at present, only five

petitioners, i.e. petitioner nos. 1, 4, 5, 11 and 37, are

interested in prosecuting the case.

3. I. A. No. 1 of 2025 is allowed and this writ application,

now, survives only on behalf of petitioner nos. 1, 4, 5, 11

and 37.

4. The brief facts, giving rise to the present case, is that

during the second wave of the COVID-19 pandemic in

the year 2021, the State of Bihar was confronted with an

acute public health emergency. In order to meet the

pressing shortage of medical and paramedical personnel,

the Health Department, Government of Bihar, issued

Letter No. 329 (ii), dated 27.04.2021, and Letter No. 345

(ii), dated 05.05.2021, directing all districts to make

temporary engagement of additional health workers under

Section 50 of the Disaster Management Act, 2005, for a

fixed period of three months.

5. Pursuant thereto, the Civil Surgeon -cum- Chief Medical
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Officer, Muzaffarpur, issued a public notice, dated

08.05.2021, inviting applications for engagement on daily

wage/contractual basis. In accordance with the decision of

the District Establishment Committee, Muzaffarpur, dated

10.05.2021, around 780 health workers, including the

present petitioners, were engaged and posted at various

government hospitals and primary health centres within

the district of Muzaffarpur.

6. Consequent to their engagement, appointment/work

authorization letters, dated 15.05.2021, were issued to the

petitioners. The said letters clearly stipulated that the

engagement was made under Section 50 of the Disaster

Management Act, 2005, for a period of three months from

the date of joining or until further orders, on payment of

minimum wages of skilled labour as fixed by the Labour

Department.

7. It was further mentioned that the engagement was purely

provisional and liable to be terminated at any time and no

claim for regular appointment would accrue in future. The

wages would be paid from the funds received under the

National Health Mission.

8. In compliance thereof, the petitioners joined their
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respective places of posting and rendered continuous and

dedicated services during the peak of the pandemic.

However, on 22.06.2021, the Civil Surgeon -cum- Chief

Medical Officer, Muzaffarpur, acting upon the directions

issued by the Health Department, Government of Bihar,

disengaged the services of the health workers appointed

during the COVID-19 pandemic with immediate effect,

which has given rise to the present writ petition.

9. Aggrieved by their sudden disengagement, the petitioners

submitted detailed representations before the Civil

Surgeon and the District Magistrate, Muzaffarpur, on

01.07.2021, seeking reconsideration of the decision and

continuation of their engagement. However, the said

representations were never considered or decided by the

authorities.

10. Learned Counsel for the petitioner nos. 1, 4, 5, 11 and 37

submits that the petitioners were engaged during a grave

humanitarian crisis arising out of the second wave of the

COVID-19 pandemic and rendered selfless and

uninterrupted services in Government health institutions,

often at the risk of their own lives. However, after having

fully utilized their services during the most critical period,
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the respondents acted arbitrarily in abruptly disengaging

them, which is wholly unjust, unreasonable and contrary

to the obligations of a welfare State.

11. It is further submitted that the action of the respondents in

replacing the petitioners with another set of contractual

workers through NGOs or outsourced agencies amounts

to exploitation and constitutes an unfair labour practice.

Replacement of one contractual employee by another set

of contractual employee, despite the availability of

sanctioned vacant posts in the Health Department, is

manifestly arbitrary; particularly, when the petitioners

possess relevant experience and had already been

discharging duties satisfactorily.

12. It is lastly submitted that although the petitioners had

earlier approached this Hon’ble Court in CWJC No.

13102 of 2021, the said writ petition was confined only to

the limited issue of payment of wages for the period

during which the petitioners had actually worked. The

issues relating to continuation of service, absorption or

regularization were neither raised nor adjudicated therein.

13. Per contra, learned Counsel appearing on behalf of the

respondents argued that the engagement of the petitioners
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was purely temporary, need-based and made only to meet

the emergent situation arising out of the COVID-19

pandemic. The appointments were not regular in nature

but were made under Section 50 of the Disaster

Management Act, 2005, solely for pandemic management

and for a limited duration of three months. Due to the

improvement in the COVID-19 situation and reduction in

emergency requirements, the very purpose and basis of

engaging additional health workers ceased to exist.

14. It is further submitted that the appointment/work

authorization letters issued to the petitioners clearly

stipulated the tenure, nature and conditions of

engagement, including the fact that the engagement was

purely provisional, liable to be terminated at any time,

and would not confer any right of regular appointment in

future. The petitioners, having accepted the terms and

conditions of engagement with open eyes, cannot now

claim continuation or absorption as a matter of right.

15. It has lastly been submitted that in absence of any

statutory provision or vested legal right, no direction can

be issued by this Court for continuation of service,

absorption or regularization of the petitioners and,
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therefore, the writ petition is devoid of merit and liable to

be dismissed.

16. I have heard learned Counsel for the parties and have

gone through the materials available on record.

17. It is an undisputed fact that work authorization letters,

dated 15.05.2021, were issued to the petitioners, wherein

it was clearly stipulated that their engagement was purely

temporary in nature and made under Section 50 of the

Disaster Management Act, 2005, for a fixed period of

three months from the date of joining, on payment of

minimum wages of skilled labour as notified by the

Labour Department. The said letters further categorically

provided that the engagement was provisional, liable to

be terminated at any time, and would not confer any right

whatsoever for regular appointment in future. The

petitioners accepted the terms and conditions of such

engagement with open eyes and thereafter rendered

services during the pandemic period. It further emerges

from the record that upon improvement in the COVID-19

situation and reduction of emergency requirements, the

Health Department directed disengagement of the

additional health workers, pursuant to which the services
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of the petitioners were discontinued on 22.06.2021.

18. It is a well-settled principle of law that contractual or

temporary employees do not acquire any vested right to

continuation or regularization merely on account of

having worked for a certain period.

19. In the present case, the petitioners were neither appointed

against sanctioned posts nor selected through any regular

recruitment process in accordance with the statutory

service rules. Consequently, no legal right for absorption

or regularization can be said to have accrued in their

favour.

20. This Court is aware of the important and admirable

services provided by the petitioners during the

challenging COVID-19 pandemic. However, sympathy or

equitable considerations cannot override the mandate of

law. The courts are required to act within the bounds of

legality and cannot create service rights where none are

specified in the statute or regulations.

21. In view of the above discussion, this Court finds no merit

in the writ petition. The petitioners were engaged purely

on temporary and emergency basis and their

disengagement cannot be said to be illegal, arbitrary or
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unconstitutional.

22. This writ petition is, accordingly, dismissed.

(Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √

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