This writ petition challenged the non-payment of honorarium and non-reinstatement of Talimi Markaz Shikshak Swayam Sevis. The single judge held the petition non-maintainable as the post is contractual, non-statutory, and lacks civil status.
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.15189 of 2019
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... ... Petitioner/s
Versus
Patna High Court CWJC No.15189 of 2019 dt.02-01-2024 2/4
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar, Advocate For the Respondent/s : Mr.Kameshwar Kumar (GP 17)
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT
Date : 02-01-2024
following reliefs :-
“(i) For issuance of an appropriate writ commanding the respondents to give the honorarium fee to the petitioners from the year 2013 till date.
(ii) For issuance of an appropriate writ commanding the respondents to reinstate the services of the petitioners on the post of Swayam Sewak/ Talmi Markaj because no termination letter has been issued to the petitioners till date. ”
Patna High Court CWJC No.15189 of 2019 dt.02-01-2024 3/4
Markaz Shikshak Swayam Sevi is not statutory and no recruitment rules are followed for their appointment.
“ The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition and has referred to a judgment dated 17.08.2015 passed by a co-ordinate 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.Α. 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
Patna High Court CWJC No.15189 of 2019 dt.02-01-2024 4/4
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.”
(Anil Kumar Sinha, J)
rinkee/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 03.01.2024 |
| Transmission Date | NA |
1 issue framed by the court
Whether a writ petition seeking honorarium and reinstatement for Talimi Markaz Shikshak Swayam Sevi is maintainable when the post is contractual and non-statutory.
Colour shows how this judgement treated each authority
Raj Choudhary v. The State of Bihar and othersReferred¶46
C.W.J.C. No. 18107 of 2016 (Raj Choudhary v. The State of Bihar and others)
Md. Ahamad Ali and others
State of Bihar through its Chief Secretary, Govt. of Bihar, Patna
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
