Document Fragment View

Matching Fragments

9. The Respondent No. 2 has filed a counter affidavit on behalf of the State/Respondents. It is contended on behalf of the respondents that the Executive Assistants were appointed on contractual basis on the basis of a panel prepared by the District Committee under the Chairmanship of the District Magistrate for each districts. The recruitment process of the Executive Assistants varied from districts to districts. The Executive Assistants under BPSM had lesser remuneration as compared to Data Entry Operators Patna High Court CWJC No.8991 of 2022 dt.07-05-2025 appointed by BELTRON through a process of examination. Both of them provide data entry services. Therefore, the Executive Assistants demanded parity of remuneration with the Data Entry Operators appointed through BELTRON, given the similar nature of work. While considering the demand of the Executive Assistants with regard to equality of pay for equal work, the State Government considered it necessary to standardize the recruitment process of the Executive Assistants across the districts and also viz-a-viz the Data Entry Operators selected through BELTRON by a uniform examination process. Thus, Governing Council of BPSM in its meeting, dated 8th of July, 2019, taking into consideration the lack of uniformity with respect to empanelment of Executive Assistants across the districts as against the uniform process of examination of empanelment of Data Entry Operators appointed through BELTRON, decided to do away with the recruitment of Executive Assistants from the districts panels and directed to fill up the further vacancies by requesting the BELTRON to provide the Data Entry Operators for the same.

12. It is contended on behalf of the Respondents that in view of urgent requirement of Executive Assistants/Data Entry Operators in various Government Departments and other offices during the ongoing panel preparation process by BELTRON, the Governing Council in Patna High Court CWJC No.8991 of 2022 dt.07-05-2025 its meeting, dated 13th of December, 2019 decided to allow the recruitment of the Executive Assistants from the district panels as an interim measure till BELTRON complete its panel preparation process, subject to certain conditions, viz, the contract will be for three months only, subject to extension as per the requirement of the concerned Department/Offices, provided the candidates clear the examinations of Data Entry Operators conducted by the BELTRON. The said interim arrangement was extended from time to time and finally as per Clause-4 of the said interim arrangement, mentioned in Memo No. 2341, dated 23rd of December, 2019, it was terminated in January, 2021, when BELTRON completed the process of selection of Data Entry Operators. After the said selection by BELTRON, which was intimated to the State Government, vide letter, dated 8th of January, 2021, the Governing Council of BPSM resolved in its meeting, dated 5th of February, 2021 that the case of the candidates whose services was not required in the office of employment and needed reemployment was taken up in the light of the decision of the State Government's Memo No. 12534, dated 17th of September, 2018 and it was decided that since BPSM has stopped empanelment process, it cannot have a reemployment Patna High Court CWJC No.8991 of 2022 dt.07-05-2025 process under the Society. Since the recruitment process has been vested with BELTRON, any reemployment should also be done by BELTRON. It was further decided that in the interest of the candidates, they would be provided opportunity of being empaneled under BELTRON for further placement/reemployment as per the provisions of selection by BELTRON with relevant relaxation in age as well as special educational requirements. The Respondents also urged that the BELTRON conducted eligibility test on 5th of July, 2023 and successful candidates have already been empaneled. Thus, the State Respondents under the facts and circumstances stated above supported the action taken by the District Magistrate, Purnea, referring the names of the petitioners to the BELTRON for their selection and empanelment after conducting necessary tests.