The court disposed of a writ petition challenging the illegal appointment of a Tola Sevak over the petitioner. It directed the District Magistrate to decide the pending representation within two months.
Direction to the District Magistrate to dispose of the petitioner's representation within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24577 of 2019
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Ajay Kumar Ram, Son of Sri Ramugrah Ram, Resident of Nauka Tola, Vilalge- Daunha, police Station- Dhanha, Block- Madhubani, District- West Champaran.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Ranjan Kumar Srivastava For the Respondent/s : Mr.Ashutosh Ranjan Pandey ( AAG15 )
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 09-01-2020 Heard both sides.
The learned counsel for the petitioner submits that name of the petitioner figured at serial No. 2 of the merit list for appointment on the post of Tola Sevak under Mahadalit, Minority and Extremely Backward class, Akshar Anchal Yojna but Vinod Ram, respondent No.7, whose name is at serial No.3, has been appointed. The petitioner earlier moved this court in CWJC No. 4824 of 2016 and the same was withdrawn with liberty to the petitioner to take recourse to such other remedies
Patna High Court CWJC No.24577 of 2019(2) dt.09-01-2020 2/2
as are available under the law. The directives as contained in memo No. 1570 dated 23.07.2018 issued for appointment of Tola Sevak and Education volunteer under Akshar Anchal Yojna says that the District Magistrate is competent authority to hear the grievance of a person who raised objection with regard to illegal appointment of Tola Sevak. The petitioner filed representation dated 31.05.2019 (Annexure-9) before the District Magistrate, West Champaran, Bettiah but the same is still pending.
The District Magistrate is competent authority to decide the dispute with regard to appointment of Tola Sevak but the representation of the petitioner is still pending before him.
Having considered the submission of both sides, this writ petition is disposed of with a direction to the District Magistrate, West Champaran, Bettiah to dispose of the representation of the petitioner within two months from the date of receipt of this order.
With the aforesaid direction, this writ petition is disposed of.
BKS/-
(Prabhat Kumar Jha, J)
U
2 issues framed by the court
Whether the writ petition should be disposed of by directing the competent authority to decide the pending representation regarding illegal appointment dispute.
Whether the District Magistrate is the competent authority to decide disputes regarding appointment of Tola Sevak under Akshar Anchal Yojna.
1 provisions across 1 enactments
Ajay Kumar Ram
State of Bihar represented through the District Magistrate, West Champaran
District Magistrate, West Champaran
Sub-Divisional Magistrate, Bagha, West Champaran
District Education officer, West Champaran
Head master, Upgraded Middle School, Pakrihawa
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
