Patna High Court - Orders
Praveen Kumar @ Pravin vs The State Of Bihar &Amp; Ors on 28 September, 2010
Author: V.N. Sinha
Bench: V.N. Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3101 of 2007
Ashok Kumar Jha, S/o Sri Kulanand Jha, resident of Moh.
Kaiderabad, P.S. University Thana Town & distt. Darbhanga, at
present posted as Correspondence Clerk, attached to the office of
Asstt. Engineer, Sub Divn., Bihar Agriculture Marketing Board,
Darbhanga
Versus
1. The State Of Bihar
2. Bihar Agriculture Marketing Board Pant Bhawan, Patna
through its Administrator
3. Sri Naveen Kumar, Financial Commissioner, Bihar, Patna
4. Sri N.S. Madhavan, Agriculture Production Commissioner,
Bihar, Patna
5. Shri Amir Subhani, Secretary, Personnel & Administrative
Reforms Department, Bihar, Patna
6. Shri B. Rajendra, Administrator, Bihar Agriculture Marketing
Board, Pant Bhawan, Patna
7. Members of the Committee constituted under Section 6 of the
Bihar Agriculture Produce Market Act, 2006
with
CWJC No.3923 of 2007
1. Shailendra Kumar Jha S/o Sri Dineshwar Jha, resident of
village Bakani, P.O. & P.s. Bahera, Distt. Darbhanga
2. Mehdi Hassan, S/o late Nasiruddin, resident of village Bhalai,
P.O. Dih Tola Kaluahi, P.S. Kaluahi, Distt. Madhubani
3. Sunil Kumar Mishra, s/o late Dayanath Mishra, resident of
village Kharajpur, P.S. Bahadurpur, Distt. Darbhanga
4. Ajit Kumar Thakur, S/o Jay Mangal Thakur, resident of village,
P.O. & P.S. Brahmpur, Distt. Darbhanga
All posted as Class IV Employees in the Office of the
Executive Engineer, Agriculture Marketing Board Division
(Dissolution), Muzaffarpur
Versus
1. The State Of Bihar
2. Bihar Agriculture Marketing Board (under Liquidation) Pant
Bhawan, Patna through its Administrator
3. Secretary, Bihar Agriculture Marketing Board (under
Liquidation) Pant Bhawan, Patna...... Respondents 1st party
4. Shri Naveen Kumar, Financial Commissioner, Bihar, Patna
2
5. Sri N.S. Madhavan, Agriculture Production Commissioner,
Bihar, Patna
6. Shri Amir Subhani, Secretary, Personnel & Administrative
Reforms Department, Bihar, Patna
7. Shri B. Rajendra, Administrator, Bihar Agriculture Marketing
Board, Pant Bhawan, Patna
8. Members of the Committee constituted under Section 6 of the
Bihar Agriculture Produce Market Act, 2006
with
CWJC No.957 of 2008
Praveen Kumar @ Pravin Kumar, S/o Late Mahanth Tiwari,
resident of village Radhia, P.S. Govindganj, District East
Champaran.
Versus
1. The State Of Bihar, through Agriculture Production
Commissioner, Department of Agriculture, Govt. of Bihar, Patna.
2. Bihar State Agriculture Marketing Board, Bihar, Abolished
Pant Bhawan, Patna through its Managing Director.
3. The Chairman, Bihar State Agriculture Marketing Board,
Bihar, Pant Bhawan, Patna(Abolished).
4. The Marketing Secretary, Bihar State Agriculture Marketing
Committee(Abolished) Motihari.
5. The Special Officer cum Sub-Divisional Officer, Agriculture
Produce Marketing Committee(Abolished) Motihari.
6. The Special Officer cum Sub-Divisional Officer, Agriculture
Produce Marketing Committee(Abolished) Chakia.
7. The Marketing Secretary Agriculture Produce Marketing
Committee(Abolished) Chakia.
8. Administrator, Bihar State Agriculture Marketing Board,
Patna.
with
CWJC No.16491 of 2008
1. Mahendra Sahni son of Late Motilal Sahni resident of village &
P.S. Banmankhi, District Purnia at present posted as Electric
Mechanic on daily wages basis in the Agriculture Produce
Market Committee (abolished), Bihariganj, District Madhepura
2. Arjun Sah son of Late Chhotkan Sah resident of village
Mohanpur choumukh P.S. Bihariganj District Madhepura. At
present posted as security Guard on daily wages basis in the
Agriculture Produce Market Committee(abolished) Bihariganj,
District Madhepura.
3
3. Indeshwari Mehtar son of Sri Mahabir Mehtar resident of
village & P.S. Bihariganj, District Madhepura, at present posted
as Jharukash(sweeper) on daily wages in the Agriculture
Produce Market Committee(abolished) Bihariganj, District
Madhepura.
Versus
1. The State Of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Finance Commissioner at present known as Principal
Secretary, Department of Finance Old Secretariat, Bihar, Patna
3. The Agriculture Production Commissioner, at present known as
Principal Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
4. The Secretary, at present known as Principal Secretary,
Personnel and Administrative Reforms Department of
Agriculture, New Secretariat, Bihar, Patna
5. The Joint Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
6. The Administrator, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
7. The Secretary, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
8. The Sub-Divisional-cum- Special Officer, Agriculture Produce
Market Committee (abolished), Bihariganj, District Madhepura.
9. The Market Secretary, Agriculture Produce Market
Committee(abolished) Bihariganj, District Madhepura.
with
CWJC No.17309 of 2008
1. Safdar Alam son of Md. Gulam Hussain Resident of village
Rampur, P.S. Ariari, District Shekhpura
2. Bameshwar Singh son of Sri Lakshmi Singh Resident of village
Azni P.S. Belaganj, District Gaya
3. Ramji Prasad son of Sri Govind Ram Resident of Village
Chandan Chaura, P.S. Civil Line, District Gaya
4. Sachidanand Singh Son of Sri Jagnandan Singh, Resident of
Mohalla Vivkaipur, P.S.Antari, District Gaya
All are daily wages Class IV Grade terminated employees
of the Agriculture Produce Market Committee (abolished), Gaya.
Versus
1. The State Of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Finance Commissioner at present known as Principal
Secretary, Department of Finance Old Secretariat, Bihar, Patna
4
3. The Agriculture Production Commissioner, at present known as
Principal Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
4. The Secretary, at present known as Principal Secretary,
Personnel and Administrative Reforms Department of
Agriculture, New Secretariat, Bihar, Patna
5. The Joint Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
6. The Administrator, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
7. The Secretary, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
8. The Sub-Divisional-cum- Special Officer, Agriculture Produce
Market Committee (abolished), Gaya, District Gaya
with
CWJC No.932 of 2009
Chandra Deo Poddar s/o Late Makudan Lal Poddar Resident of
Village Bhat Dala, Club Field P.S. Thakurganj, District Bhojpur
Versus
1. The State Of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Finance Commissioner at present known as Principal
Secretary, Government of Bihar, Department of Finance Old
Secretariat, Bihar, Patna
3. The Agriculture Production Commissioner, at present known as
Principal Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
4. The Secretary, at present known as Principal Secretary,
Personnel and Administrative Reforms Department of
Agriculture, New Secretariat, Bihar, Patna
5. The Joint Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
6. The Administrator, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
7. The Secretary, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
8. the Sub-Divisional-cum- Special Officer, Agriculture Produce
Market Committee (abolished), Thakurganj, District
Kishanganj
with
CWJC No.1240 of 2009
5
1. Mahboob Alam S/o Sarfuddin Resident of Village Panasi Post
Panasi Hat P.S. Pahar Katuta District Kishanganj, Daily wages
Class III (Storekeeper) Employees of the Agriculture Produce
Market Committee Bahadurganj, District Bahadurganj
2. Md. Islamuddin S/o Late Nazaf Ali Resident of Village
Haptiya, Post Gangagi Hat P.S. Bahadurganj, District
Kishanganj. Daily wages Class III (Record Keepter) Employees
of the Agriculture Produce Market Committee Bahadurganj,
District Bahadurganj
3. Deonarayan Jha S/o Late Jaldhar Jha Resident of Village and
Post Nahashrupauli P.S. Biski District Madhubani. Daily wages
Class III (Record Keeper) Employees of the Agriculture
Produce Market Committee Bahadurganj, District Bahadurganj
4. Nawal Kishore Prasad S/o Gang Prasad Resident of Dumra
Ward no. 5, P.S. Dumra, District Sitamarhi. Daily wages Class
III (Electric Mechanic) Employees of the Agriculture Produce
Market Committee Bahadurganj, District Bahadurganj
5. Sanicharlal S/o Sri Nemlal Resident of Village Nihal Bhag
Satal Post and P.S. Bahadurganj, District Kishanganj. Daily
wages Class IV Grade (Gardenor) Employees of the
Agriculture Produce Market Committee Bahadurganj, District
Bahadurganj
6. Mohan Mallick Son of Late Dinae Mallick Resident of Village,
Post and P.S. Bahadurganj, District Kishanganj. . Daily wages
Class IV Grade (Sweeper) Employees of the Agriculture
Produce Market Committee Bahadurganj, District Bahadurganj
Versus
1. The State Of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Finance Commissioner at present known as Principal
Secretary, Department of Finance Old Secretariat, Bihar, Patna
3. The Agriculture Production Commissioner, at present known as
Principal Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
4. The Secretary, at present known as Principal Secretary,
Personnel and Administrative Reforms Department of
Agriculture, New Secretariat, Bihar, Patna
5. The Joint Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
6. The Administrator, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
7. The Secretary, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
6
8. the Sub-Divisional-cum- Special Officer, Agriculture Produce
Market Committee (abolished), Bahadurganj, District
Kishanganj
with
CWJC No.1355 of 2009
1. Umesh Chandra Prasad S/o Late Sheo Pujan Prasad Resident of
Village and P.S. Bihiyan, District Bhojpur
2. Damodar Choudhary son of Kaleshwar Choudhary Resident of
Village Malahi Post Shukhpur P.s. & District Suppaul
Versus
1. The State Of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Finance Commissioner at present known as Principal
Secretary, Department of Finance Old Secretariat, Bihar, Patna
3. The Agriculture Production Commissioner, at present known as
Principal Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
4. The Secretary, at present known as Principal Secretary,
Personnel and Administrative Reforms Department of
Agriculture, New Secretariat, Bihar, Patna
5. The Joint Secretary, Department of Agriculture, New
Secretariat, Bihar, Patna
6. The Administrator, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
7. The Secretary, Bihar State Agriculture Marketing Board
(abolished) Pant Bhawan, Bailey Road, Patna
8. the Sub-Divisional-cum- Special Officer, Agriculture Produce
Market Committee (abolished), Kishanganj, District Kishanganj
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For the Petitioners :M/s Yogendra Mishra, Raghunath Kumar
& Jai Prakash Verma, Advocates
For the State :Mr. Sunil Kumar Mandal, S.C. 15
For the Board :M/s B.K. Singh Chauhan & Rajeev Roy, Advocates
03/ 28.09.2010Heard learned counsel for the petitioners, the State and the Bihar State Agricultural Marketing Board (Dissolved) (hereinafter referred to as the Board), Sri B.K. 7 Singh Chauhan, who prays for time to file counter affidavit in these matters, but such prayer is being refused, as these writ petitions were filed in the years, 2007, 2008 and 2009 and the Board has already filed counter affidavit in C.W.J.C. Nos. 3923 of 2007 and 957 of 2008 and in all these matters the engagement/ services of the petitioners have been terminated in compliance of the general direction of the Administrator dated 12.2.2007, 12.2.2007, 16.10.2006, 26.3.2007, 26.2.2007, 28.2.2007, 28.2.2007, 28.2.2007 respectively to terminate the services of the petitioners.
2. The validity of the general direction of the Administrator has been considered by this Court under orders dated 27.8.2010, passed in C.W.J.C. No. 12641 of 2010 and other analogous matters and this Court has held the general direction to be in teeth of Section 6 of the Bihar Agriculture Produce Market (Repeal) Act, 2006.
3. Having heard counsel for the parties, the present batch of writ petitions are also disposed of exactly in the same terms which is contained in order dated 27.8.2010, passed in C.W.J.C. No. 12641 of 2010 and other analogous matters and the orders dated 12.2.2007, 8 12.2.2007, 16.10.2006, 26.3.2007, 26.2.2007, 28.2.2007, 28.2.2007, 28.2.2007 respectively terminating the services of the petitioners are quashed.
Arjun/
4. The writ petitions are, accordingly, allowed.
(V.N. Sinha, J.)