In a writ petition seeking relief for non-payment of salary, the High Court held that instant petition is not maintainable as the post of Tola Sevak is not a civil post and contractual employees are not entitled to salary if no work is entrusted by the employer.
Writ petition dismissed on contest with liberty to claim damages in appropriate court.
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.5918 of 2020
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Brij Mohan Ram Son of Munna Ram Resident of Village Bagen, P.O. Bagen, P.S. Bagen Gola, District-Buxar.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Satyapal Singh, Adv. For the Respondent/s : Mr. Madanjeet Kumar (Gp20) ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
4 11-12-2024
It is the case of the petitioner that the petitioner was appointed as Tola Sevak on the basis of a meeting dated 18th February, 2011. Annexure-6 is the letter of appointment issued by the Chairman, Gao/Tola Samiti.
Patna High Court CWJC No.5918 of 2020(4) dt.11-12-2024 2/4
“Serv Shiksha Abhiyan”.
Patna High Court CWJC No.5918 of 2020(4) dt.11-12-2024 3/4
survey of the villagers, who were required to impart education under Serv Shiksha Abhiyan. The said Survey Report dated 16th October, 2014 was countersigned by the Headmaster of Middle School, Bagen, Buxar. Except the said document, the petitioner has not filed any other document in support of his contention that he has been consistently working as Tola Sevak since the date of his appointment till date.
Patna High Court CWJC No.5918 of 2020(4) dt.11-12-2024 4/4
the appropriate Court, if so advised.
(Bibek Chaudhuri, J)
pravinkumar/-
U
3 issues framed by the court
Whether a writ petition filed by a petitioner claiming contractual employment as Tola Sevak without remuneration is maintainable.
Whether reliance on an appointment letter alone establishes a right to claim salary for a contractual post.
Whether this Court should interfere in the rejection of representation regarding qualifications and performance of duties.
Brij Mohan Ram
State of Bihar
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
