The Hon'ble Single Judge dismissed the writ petition filed by a Tola Sewak challenging his termination. Relying on coordinate and Division Bench precedents, the court held the post is non-statutory and contractual, rendering the writ petition non-maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12930 of 2015
======================================================
Laxman Baitha S/o Sukan Baitha. R/o village- Karnahiya, P.O.- Raghopur, P.S District- Sitamarhi.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinesh Jha For the Respondent/s : Mr.S.Raza Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
5 27-03-2023 Petitioner is a Tola Sewak appointed under the scheme on contract basis for one year.
The post of Tola Sewak is not statutory and no recruitment rules are followed for their appointment. A coordinate Bench of this Court in a similar matter of Tola Sewak in C.W.J.C. No. 18107 of 2016 has held as follows:-
“The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition and has referred to a
Patna High Court CWJC No.12930 of 2015(5) dt.27-03-2023 2/3
judgment dated 17.08.2015 passed by a coordinate Bench of this Court in CWJC No. 12390 of 2015 as well as to a judgment dated 02.02.2017 rendered by the learned Division Bench of this Court in L.P.A. No. 2185 of 2015 whereby and whereunder it has been held that since the selection or engagement or hiring of the Tola Sevak is not a permanent appointment under the State, which is required to be considered under Article 226 of the Constitution of India as well as since the post of Tola Sevak is under a scheme, the same does not create any statutory right in favour of the petitioner, hence writ petitions in such matters as that of Tola Sevaks are not maintainable. Having regard to the aforesaid judgments rendered by a coordinate Bench of this Court as also by the learned Division Bench of this Court, this Court is of the opinion that the present writ petition is not maintainable, hence the same is dismissed. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law.”
The order passed by Co-ordinate Bench presided over by Hon’ble Single Judge in the aforesaid writ application has been affirmed by Division Bench holding that writ petition is
Patna High Court CWJC No.12930 of 2015(5) dt.27-03-2023 3/3
not maintainable.
Taking into consideration the aforesaid judgment of this Court and the fact that Tola Sewak does not hold civil post as well as the same is not a statutory post, accordingly, I also come to the conclusion the writ application is not maintainable.
This application is dismissed.
(Anil Kumar Sinha, J)
praful/-
U
2 issues framed by the court
Whether a writ petition challenging the termination of a contract-based Tola Sewak is maintainable under Article 226 of the Constitution of India.
Whether the post of Tola Sewak creates any statutory right entitling the holder to the protection of Article 226.
Laxman Baitha
The State Of Bihar through District Magistrate, Sitamarhi
The District Magistrate, Sitamarhi
The District Project Officer, S.S.A/B.E.P, Sitamarhi
Co-ordinator, Adult Education S.S.A, Sitamarhi
Block Education Extension Officer, Dumra, Sitamarhi
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
