OMPRAKASH VISHWAKARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant writ application has been filed by the petitioner in the interest of public at large and the residents of State of Jharkhand for issuance of an appropriate writ/order/direction to the respondents to fill up the vacancies/to appoint the Sanitary Inspectors/Malaria Inspectors in all the districts of State of Jharkhand as the State is duty bound to protect the health of the citizen.

(2.) THE brief fact as stated is that the petitioner is a resident of Churi Colliery, of District - Palamau; that he is conscious about the health of the citizens and cleanliness of the State; that he filed an application under the Right to Information Act, 2005 (R.T.I. Act) seeking information regarding availability of Sanitary and Malaria Inspectors in the district of Ranchi whereupon the Health Department provided the information that after reorganisation of the State of Bihar 40 posts of Malaria Inspectors were allotted to State of Jharkhand but no appointment has been made on the said post and the persons who were working have superannuated from service and till date no recruitment R.has been framed, due to which vacancies are not being filled up; that the petitioner filed another application under the R.T.I. Act seeking information regarding the vacancies of Sanitary Inspectors and from the information furnished he came to know that in each and every District posts of Sanitary Inspectors are lying vacant for the last 20 years and the Media also published the news regarding the vacancy of the posts of Malaria Inspectors, Sanitary Inspectors, Food Inspectors and other vacancies in the Department of Health but the State Government i.e. the respondents, are not taking care to appoint and fill up the vacancy due to which health of the citizen and cleanliness of each and every districts of Jharkhand are at stake; that the petitioner had also made an application before the Advisor to the Hon'ble Governor of Jharkhand but till date no action has been taken.

(3.) LEARNED counsel appearing on behalf of the respondents -State has referred to the counter affidavit and submitted that after the cadre division 50 posts of Malaria Inspector were allotted to Jharkhand which are lying vacant; that the process of framing R.for promotion and appointment is going on and the appointment cannot be initiated without the Rule; that in the interest of public health 47 Malaria Inspectors are posted and 86 Malaria Technical Supervisors have been engaged on contractual basis as per Annexure -A. It is submitted that out of 190 posts of Sanitary Inspector Cadre only 27 persons are working in the district. It is further submitted that the present Public Interest Litigation has been filed by the petitioner with the personal interest and the same is not maintainable as the Government has initiated steps for formulating the policy and framing the Rules for recruitment on the said post.