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Patna High Court - Orders

Ravi Kant Rajan & Ors vs The State Of Bihar & Ors on 19 April, 2012

Author: Navin Sinha

Bench: Navin Sinha

      Patna High Court CWJC No.7250 of 2012 (2) dt.19-04-2012




                              IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Civil Writ Jurisdiction Case No.7250 of 2012
                  ======================================================
                  1. Ravi Kant Rajan S/O Sri Krishna Kumar Keshri Resident Of Village + Post +
                  Panchayat - Jagdishpur, P.S.- Sahebganj, Via- Karnaul, District - Muzaffarpur
                  2. Binod Paswan S/O Late Damri Paswan Resident Of Village + Post + Panchayat-
                  Saraiya, Block - Sahebganj, P.S.- Sahebganj, District - Muzaffarpur
                  3. Pramod Kumar S/O Sri Mahesh Prasad Chaurasia Resident Of Village -
                  Suleman Chapra, Panchayat- Gaura, Post- Parsapatti, P.S.- Sahebganj, District -
                  Muzaffarpur
                  4. Alok Kumar S/O Sri Arjun Singh Resident Of Village + Post- Madhopur Hazari.
                  P.S. - Sahebganj, District - Muzaffarpur
                  5. Manoj Kumar S/O Sri Shiv Shankar Ram Resident Of Village - Rampur
                  Bhikhanpura, Post + Panchayat- Basantpur Chainpur, P.S.- Sahebganj, District -
                  Muzaffarpur
                  6. Satish Kumar S/O Sri Satyadeo Sah Resident Of Village + Andaul, Post-
                  Birahima Bazar, P.S.- Baruraj, Prakhand - Motipur, District - Muzaffarpur
                  7. Dhirendra Kumar S/O Sri Motilal Singh Resident Of Village - Gosainpur, Post-
                  Rajepur, Panchayat - Parsauni Nath, Prakhand - Motipur, District - Muzaffarpur
                  8. Krishna Kumar Yadav S/O Late Jaggu Rai Resident Of Village Belkari
                  Dharhara, Post- Rup Chapra, P.S. - Sahebganj, District - Muzaffarpur
                  9. Krishna Kumar Keshri S/O Sri Baidhyanath Bhagat Resident Of Village +
                  Panchayat - Jagdishpur, P.S.- Sahebganj, District - Muzaffarpur
                  10. Tuntun Pandey S/O Sri Ram Janam Pandey Resident Of Village - Manohar
                  Chapra, Panchayat - Saraiya, P.S.- Sahebganj, District - Muzaffarpur

                                                                             .... .... Petitioners
                                                         Versus
                  1. The State Of Bihar
                  2. The Principal Secretary, Planning And Development Department, Government
                  Of Bihar, Patna
                  3. The Joint Director-Cum-Head Of The Office, Planning And Development
                  (Economic & Statistics Directorate) Bihar, Patna
                  4. The District Magistrate, Muzaffarpur, District - Muzaffarpur
                  5. The Circle Officer, Sahebganj, District - Muzaffarpur
                  6. The Circle Officer, Motipur, District - Muzaffarpur

                                                                    .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s :   Mr. Uday Prakash Shrarma
                  For the Respondent/s   : Mr. Neeraj Nandan Gp20
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
                                               ORAL ORDER

2   19-04-2012

Heard learned counsel for the petitioners and the State.

The relief sought is to restrain the respondents for making selection and appointment of Panchayat Level Workers Patna High Court CWJC No.7250 of 2012 (2) dt.19-04-2012 under the fresh advertisement.

It is submitted that the petitioners were appointed earlier. They have been discharging duties. There is no complaint against their discharge of duties. It is unfair not to renew their status and seek to make fresh appointments.

Counsel for the State from the advertisement under which the petitioners were appointed submits that their appointment as Volunteers was from October, 2010 to June, 2011. The petitioners were aware of the limited nature of their appointment. They applied and accepted the terms and conditions. They cannot be permitted to challenge the advertisement itself now.

If the duration of the appointment was specified, and the appointment was not in Government service but as Volunteer, the Court finds no merit in the writ application. But if the petitioners have applied in accordance with law under the fresh advertisement, needless to state that they are also entitled to consideration in accordance with law.

The application is disposed.

(Navin Sinha, J.) Md. Ibrarul/-