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Patna High Court Stands Up for Contractual Workers: 22 Executive Assistants to Be Reinstated.


Patna High Court Stands Up for Contractual Workers:

Introduction
In a strong and compassionate judgment, the Patna High Court has ordered the reinstatement of 22 Executive Assistants whose services were abruptly discontinued in Purnea district due to a lack of funds. The court upheld a 2019 government notification, ensuring that these assistants remain in service until the age of 60 or until the end of the Bihar Prashashanik Sudhar Mission (BPSM)—whichever comes first. This decision sends a powerful message: contractual workers are not invisible, and their rights must be protected.

What the Case Was About
The petitioners—22 Executive Assistants—were appointed back in 2013 through a district-level selection process by the District Magistrate of Purnea. Over the years, their contracts were extended regularly, and they continued performing essential data entry duties in various government hospitals.

But in February 2021, their services were suddenly returned to the District Magistrate, citing “paucity of funds.” Instead of placing them in available posts elsewhere, the DM recommended their names to BELTRON (Bihar State Electronics Development Corporation Ltd) for further action—effectively ending their employment without fault.

Court’s Verdict: Justice Prevails
Justice Bibek Chaudhuri, who heard the case, found that these assistants were unfairly treated compared to their peers in other districts like Ara and Araria. The court noted that no allegations were made against the petitioners about inefficiency or poor performance. In fact, they had been working consistently since 2013 without any complaints.

The judgment emphasized the following:

  • The petitioners were working under valid rules and had performed satisfactorily.
  • Their services should have continued under the 2019 notification, which clearly allows Executive Assistants to work until 60 years of age or until the BPSM scheme ends.
  • Outsourcing is legal—but must comply with labour laws, and fair treatment is non-negotiable.
  • The 2021 memo from the DM Purnea, sending their names to BELTRON instead of absorbing them in vacant government posts, was quashed.

A Voice for the Voiceless
Justice Chaudhuri rightly noted:
"It is not disputed that the petitioners have been performing their duties of data entry since the year 2013... If their work was found to be unsatisfactory, they could have been terminated... but no such step was taken.”

The court reaffirmed that outsourcing cannot be a loophole for denying basic job security and rights, especially for workers who have proven their dedication and competence over the years.

Why This Ruling Matters
This judgment is not just a win for 22 individuals. It's a symbolic victory for thousands of contractual workers across India who face uncertainty despite years of service. It recognizes that people working under government schemes deserve continuity, respect, and fair treatment—not abandonment.

Conclusion
The Patna High Court's ruling is a wake-up call to state departments: fiscal constraints cannot override human dignity and legal rights. Outsourcing may be an administrative convenience, but it should never be used to shrug off responsibility toward loyal employees. With this judgment, 22 Executive Assistants have not only regained their jobs—they’ve restored hope for many others in similar positions.


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