Allowed

Sagendra Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC17 Nov 2016CWJC/9654/2016

Case brief

AI extract

What is this about?

Petitioners who found names on a 2013 panel for Executive Assistant posts sought appointment under the 2015 Act. When the District Magistrate stopped appointments via an order on 27.05.2016 citing a pendency of a writ regarding vacan```cy issues, the High Court allowed the writ, holding mere filing of a writ cannot halt appointments based on a clear clarification allowing such engagements. The imp

What did the court decide?

Writ application allowed and the impugned order dated 27.05.2016 in Annexure-1 is quashed.

Sagendra Kumar and Ors. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.9654 of 2016

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=========================================================== 1. Sagendra Kumar son of Rajendra Mandal, resident of Bairiya, P.O. Rajeshwari, P.S. Chhatapur, District- Supaul. 2. Akhil Kumar Alok, son of Sri Shyam Narayan Mehta resident of VillageChhatapur, P.O. Surpatganj, P.S.- Chhatapur, District- Supaul. 3. Pankaj Kumar son of Sri Sukhdeo Prasad resident of Ward No.02, Rajeshwari Niwas, P.S. Supaul, District- Supaul. 4. Ruma Kumari wife of Sri Pravin Shankar, resident of Village- Bidyapuri, Ward No.2, District- Supaul.

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Anil Kumar Pasi, son of Rajendra Pasi, resident of Village- Kosi Colony, Ward No.20, District- Supaul 6. Arjun Kumar son of Sri Bishundeo Poddar, resident of Village- Bairiya, AnchalSupaul, P.O.- Dabhari, District- Supaul. 7. Guddin Gayansu daughter of Ramkikar Mandal resident of Village- Kataiyarahi, P.O.- Kataiya Mahe, District- Supaul. 8. Sanjeet Kumar son of Sri Ramchandra Pd. Chaudhary resident of Ward No.04, Kishanpur Road, Supaul. 9. Uday Kumar son of Sri Bishundeo Poddar, resident of Village- Bairiya, P.O.Dabhari, District- Supaul. 10. Sunil Kumar Mehta son of Sri Premchandra Mehta, resident of VillageVishanpur, P.O.- Thadhi Bhawanipur, Block- Pipra, District- Supaul. 11. Raj Kishore Kumar son of Sri Upendra Prasad Yadav resident of VillageChikni, P.O.- Saraigarh, District- Supaul. 12. Ekta Kumari @ Akta Kumari daughter of Mahadevi Chaudhary resident of Village- Dhobi Tola, District- Supaul. .... .... Petitioners Versus

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The State of Bihar

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The Chairman, Bihar Prashanik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna. 3. The Mission Director, Bihar Prashanik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The Additional Mission Director, Bihar Prashanik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The District Magistrate-cum-Chairman, Selection Committee, Supaul.

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The Additional Collector, District Establishment, Supaul

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The Deputy Collector, Establishment, Supaul.

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.... .... Respondents

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=========================================================== Appearance : For the Petitioners : Mr. Jitendra Kumar Roy, Advocate Mr. Sumit Kumar, Advocate For the Respondents : Mr. Raghwanand, GA-11 Mr. Ashutosh Kumar Jha, AC to GA-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT

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Date: 17-11-2016

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Patna High Court CWJC No.9654 of 2016 dt.17-11-2016

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2/3

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All these petitioners found their name in the panel prepared in the year 2013 for appointment on the post of Executive Assistant. They were not appointed because of some issues relating to availability of vacancies, but subsequently need for 20 arose when the State of Bihar started setting up centers relating to public grievance under the 2015 Act.

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All these appointments are on contract and since there was a readymade panel in terms of Annexure-3 dated 18.05.2016, the petitioners came to be appointed. It is their case that they also joined and started working till Annexure-1 dated 27.05.2016 was issued by the District Magistrate, Supaul on the ground that a writ application, namely, C.W.J.C. No. 6419 of 2016 has been filed.

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From the communication made with the different districts of the State of Bihar, under the signature of the Principal Secretary-cum-Director Mission dated 05.05.2016, it is evident that the Mission decided to condone any appointment made from the panels prior to 2014-15. It was further clarified that henceforth the validity of the panel will be for a period of three years.

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It seems that based on this communication dated 05.05.2016, these petitioners came to be appointed/engaged. Mere filing of a writ application, therefore, cannot form the basis of putting the things on hold.

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Patna High Court CWJC No.9654 of 2016 dt.17-11-2016

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3/3

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The writ application is allowed. The impugned order

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contained in Annexure-1 dated 27.05.2016 is quashed.

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(Ajay Kumar Tripathi, J)

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Pawan/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 18.11.2016
Transmission N/A
Date

Sagendra Kumar and Ors. v. The State Of Bihar and Ors.

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Sagendra Kumar and Ors. v. The State Of Bihar and Ors.

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