Patna High Court - Orders
Ramanand Pandey & Ors vs The State Of Bihar & Ors on 1 May, 2014
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9578 of 2007
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1. Ramanand Pandey S/o Sri Ramashray Pandey, resident of village
Bedauli, P.S. Chaki district Buxar
2. Pushpa Sharma, wife of Late Mohan Rai, resident of village Larhi PS
Kurtha district Arwal
3. Bhagirath Prasad, son of Utten Prasad, resident of village Balda PS
Sikandra district Jamui
4. Anil Kumar Sinha, S/o Late Ram Bachan Lal, resident of village Kouri
Ram, PS Mohaniya district Kaimur
5. Shanti Devi W/o Late Ram Janam Giri, resident of village Silli, PS Silli,
district Ranchi (Jharkhand)
6. Prabhavati Devi W/o Sri Ram Balak Soni, resident of Gamtal, Tarkariya
Bazar, PS Dinapur, district Patna
7. Rampreet Kumar, son of Late Sarjug Ram, resident of village Chandu
Biggha, PS Hilsa district Nalanda
.... .... Petitioners
Versus
1. The State of Bihar through the Secretary, Welfare Department,
Government of Bihar, New Secretariat, Patna
2. The Secretary, Personnel and Administrative Department, Government
of Bihar, New Secretariat, Patna
3. The Bihar State Social Welfare Board through its officer-Incharge,
Barrack No. 9A, Old Secretariat Patna
4. The Secretary, Bihar State Social Welfare Board, Barrack No. 9A, Old
Secretariat Patna
5. The Secretary, Ministry of Human Resources Development Department,
Govt. of India, New Delhi
.... .... Respondents
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Appearance :
For the Petitioners : Mr. Mr. Bimlendu Shekhar Thakur, advocate
Mr. Priyank Deepak
For the Respondents : Mr. Sunil Kumar, AC to GP7
Mr. Anand Mohan Verma, advocate
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
9 01-05-2014The petitioners, seven in number, have filed this writ application seeking a direction upon the respondents to adjust/ absorb them in different Integrated Child Development Schemes or against some other posts. The petitioners were said to have been Patna High Court CWJC No.9578 of 2007 (9) dt.01-05-2014 2/3 appointed on different dates by Bihar Social Welfare Advisory Board under various projects. The State Government vide its orders dated 30.08.2002 and 18.03.2004 decided to close such projects and as per the decision of the State Government, services of persons, serving under various projects including these petitioners were terminated. This happened in the year 2002. The present writ application was filed in August, 2007 seeking direction to absorb them under other schemes/ projects/ departments. The petitioners seek relief on the ground that the State Government had earlier adjusted/ absorbed the services of the employees working under various schemes after closure of such schemes/ projects. They have referred to the employees who had worked under Adult Education Programme and certain Boards/ Corporations to submit that services of such employees were absorbed by the State Government.
This writ application has been filed more than five years after the services of these petitioners came to be terminated by virtue of the order of the State Government dated 30.08.2002. I do not find any plausible explanation in the writ application for such delay. Secondly, the petitioners have not been able to establish their legal right to be adjusted/ absorbed which would have warranted issuance of a writ or direction by this court, as Patna High Court CWJC No.9578 of 2007 (9) dt.01-05-2014 3/3 prayed for in the writ application. It is purely a policy matter of the State respondents as to whether they would adjust or absorb such employees depending upon the manner and nature of their engagement under various schemes.
This writ application is, therefore, dismissed. However, this order will not come in way of the State Government taking any decision to adjust/ absorb the petitioners or other similarly situated persons whose services came to be terminated with the closure of the schemes by order dated 30.08.2002.
(Chakradhari Sharan Singh, J) BKS/-