Petitioners seeking appointment as Panchayat Sewak with age relaxation, relying on prior writ orders. High Court dismissed the petition, noting the State had considered the matter but rejected due to procedural non-compliance and cut-off date issues.
Directive to respondents for appointment with age relaxation was dismissed.
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.21138 of 2011
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Respondent/s : Mr. S.D. Yadav, AAG 9 Mr. Braj Bhushan Mishra, AC to AAG 9 For the Commission : Mr. Satyam Shivam Sundaram, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT
Date : 28-11-2023
Heard learned counsel for the petitioners, learned
counsel appearing on behalf of Staff Selection Commission, Bihar as well as learned counsel appearing on behalf of the State.
Patna High Court CWJC No.21138 of 2011 dt.28-11-2023 2/6
the respondents to make appointment of the petitioners on the post of Panchayat Sewak on vacant post to give relaxation of the age of the petitioners in district Arwal.
Patna High Court CWJC No.21138 of 2011 dt.28-11-2023 3/6
also earlier writ petition bearing CWJC No. 5961 of 2005 and the same was disposed of with other analogous cases vide order dated 16.01.2009 with the direction which are as follows:-
“The supplementary affidavit states that the respondent State has issued memo no. 1561 dated 28.3.2008 on the issue of considering Dalpati for appointment on the post of Panchayat Sewak. A cut off date ie. 23.8.1993 has been fixed. Guidelines have been laid down for the mode, method and manner of consideration, including the issue of age relaxation, for persons like the petitioners who, because of the protracted litigation, may have become over aged during the pendency of the litigations.
If policy guidelines have been framed by the respondents including issues of age relaxation and if the petitioners are covered by the policy guidelines, naturally they are required to be considered in accordance therewith.
The respondents are directed to consider the case of the petitioners for such appointment in accordance with the law within a maximum period of three months from the date of receipt/production of a copy of the order. The writ applications stands
Patna High Court CWJC No.21138 of 2011 dt.28-11-2023 4/6
disposed."
Director, Pachayati Raj Department, Government of Bihar, Patna served letter to all the District Magistrate of Bihar to take action for appointment on the post of Panchayat Sewak of the persons who are discharging duties of Dalpati in the light of the order passed by the Hon’ble Court.
Patna High Court CWJC No.21138 of 2011 dt.28-11-2023 5/6
Singh, Sri Nagendra Singh but rejected the proposal for age relaxation of Shri Raj Nath Singh because the date of appointment of Sri Raj Nath Singh was 30.09.1993 which was after the cut-off date i.e. 23.08.1993 as per Gazette Notification No. 2815 dated 11.06.2008. The committee of Panchayati Raj Department, Govt. of Bihar held a meeting on 08.07.2022 for consideration of proposal for the appointment of petitioners to the post of Panchayat Secretary from the post of Dalpati, and in light of several reasons and facts, proposal of age relaxation of the petitioners made available by the District Magistrate, Arwal has been rejected and it was found that the case of the petitioners was not being found in accordance with the rules vide Memo No. 6713 dated 18.07.2022.
Patna High Court CWJC No.21138 of 2011 dt.28-11-2023 6/6
dismissed.
(Rajesh Kumar Verma, J)
Vanisha/-
| AFR/NAFR | NAFR |
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| CAV DATE | N/A |
| Uploading Date | 13.12.2023 |
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2 issues framed by the court
Whether petitioners engaged in Dalpati service are entitled to appointment as Panchayat Sewak with age relaxation.
Whether the State Government's decision to reject the age relaxation proposal is sustainable.
Jay Singh
Dilip Kumar
Nagnedra Prasad
Raj Nath Singh
The State Of Bihar
The Secretary Panchayati Raj Department
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
