The Patna High Court has directed the District Magistrate (DM) of Purnea to appoint 22 executive assistants, whose contracts were stopped due to lack of funds, to vacant posts in other government departments.

The assistants were hired under the Bihar Prashashanik Sudhar Mission (BPSM) and had been working since 2013. The Court said they are entitled to remain in service until the age of 60 or until the BPSM scheme ends, as stated in a government memo issued in 2019.

“It is declared that the petitioners are entitled to perform their duties as Executive Assistants on the basis of notification, contained in Memo No. 436, dated 26th February, 2019 till the attainment of 60 years of age or till the end of the scheme, whichever is earlier,” the Court stated.

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Justice Bibek Chaudhuri, who heard the case, emphasized that while outsourcing in government is legally allowed, it must follow labour laws and ensure fair treatment of workers.

“Outsourcing in government departments is legally permissible, but it is crucial to ensure compliance with Labour Laws… the outsourced employees must be treated fairly and their rights are protected,” the Court noted.

The Court also found that the petitioners were treated differently from executive assistants in other districts like Ara and Araria, where such staff were adjusted into other posts when contracts ended. No complaint was ever made against the petitioners’ work, which included data entry duties since 2013.

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“None of the respondents… alleged that the official functions discharged by them were not up to the mark or… they are inefficient,” the Court said.

In 2021, the state decided to manage data centres through BELTRON (Bihar State Electronics Development Corporation Ltd). The DM Purnea forwarded the petitioners’ names to BELTRON, instead of placing them in other available posts. The Court quashed this 2021 memo, calling it inconsistent with the 2019 memo.

“They cannot now be obligated to appear in examination conducted by BELTRON,” the Court added, stressing that their service conditions had already been set.

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The case was filed by 22 assistants who were first hired in 2013 through a proper selection process. Though their initial appointment was for one year, their contracts were renewed regularly. They served in various district hospitals until 2021, when their services were discontinued due to financial issues.

The state argued that the petitioners were never promised permanent jobs and that future recruitment would happen only through BELTRON. However, the Court found that the petitioners were selected through a lawful process and were not at fault.

“Their initial appointment was made for a period of one year but subsequently, their tenure of service was extended till attainment of age of 60 years or completion of the project, whichever is earlier,” the Court observed.

Finally, the Court ordered the DM to place the assistants in available posts within four weeks. If no vacancies are present in Purnea, they should be posted in other districts' data centres.

Case Title: Amit Kumar & Ors. Vs The State Of Bihar & Ors.