Disposed¶5

Vikash Kumar Ram v. The State of Bihar

Patna HC18 Mar 2025CWJC/4091/2025

Case brief

AI extract

What is this about?

CWJC No.4091 of 2025; Patna High Court; Harish Kumar J; decision 18-03-2025. Dispensation of services of nine Jivika Bihar Gramin Ajivika Pariyojna project workers by Letter No.118 dated 04.12.2024 (issuers: Deepika Devi Adhyaksh, Dhanvanti Devi Sachhiv, Meena Devi Kosa Adhyaksh); prayer for arrears of salary; Article 226 prerogative writ jurisdiction declined in view of nature of project posts; grievance remitted to respondent no.2, CEO Jivika Bihar, for consideration and necessary order in accordance with law; writ petition disposed.

What did the court decide?

No direct writ relief; petitioners remitted to respondent no.2 (Chief Executive Officer, Jivika Bihar) for redressal of their grievance, with assurance that their case(s) will be considered and necessary order passed in accordance with law. ¶5

Vikash Kumar Ram Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

What the court decided

AI extract

Outcome

¶5

Issue for consideration

Whether, having regard to the nature of the posts held by the petitioners under the project, the Court should exercise its prerogative writ jurisdiction under Article 226 of the Constitution of India in respect of the dispensation of their services. +2 more

¶3

Ratio / Principle

Considering the nature of the posts held by the petitioners under the project, the Court found no reason to exercise its prerogative writ jurisdiction under Article 226 of the Constitution of India.

¶3

Key takeaways

If the petitioners approach respondent no.2, the Chief Executive Officer, Jivika Bihar, Gramin Ajivika Pariyojna, Bihar, Government, Patna, with their grievance, their case(s) shall be considered and necessary order shall be passed in accordance with law.ratio¶4

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No. 4091 of 2025 (High Court of Judicature at Patna), decided 18-03-2025 by Harish Kumar, J. Nine petitioners from Rajpur-block villages, District Buxar, engaged under the Jivika Bihar Gramin Ajivika Pariyojna, complained that Letter No. 118 dated 04.12.2024, issued by Deepika Devi (Adhyaksh), Dhanvanti Devi (Sachhiv) and Meena Devi (Kosa Adhyaksh), dispensed with their services, and further sought a direction for payment of their arrears of salary. The respondent array separately includes Dipika Devi (Adhaksh), Dhanvanti Devi (Secretary) and Mina Devi (Kosa Adhaksh) of the Aditya Jiveeka Mahila/Manila Sankul Astry Sangh, Souri, Chausa Block, Buxar. Considering the nature of the posts held under the project, the Court found no reason to exercise prerogative writ jurisdiction under Article 226 of the Constitution of India; petitioners with any grievance were directed to approach respondent no. 2, the Chief Executive Officer, Jivika Bihar, Gramin Ajivika Pariyojna, Bihar, Government, Patna, with the assurance that their case(s) would be considered and necessary order passed in accordance with law. The writ petition stood disposed of.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4091 of 2025

¶2

======================================================

¶3

Vikash Kumar Ram Son of Ramjee Ram, Resident of Village and P.OSonapa, Police Station- Rajpur, District- Buxar.

¶4

Ajay Kumar Ram, Son of Late Motilal Ram, Resident of Village and P.ORampur, Police Station- Rajpur, District- Buxar.

¶5

Noor Husain Ansari, Son of Jumrati Ansari, Resident of Village- Paliya P.ODinari, Police Station- Rajpur, District- Buxar.

¶6

Rambha Singh Wife of Ashok Kumar Singh, Resident of Village Sauri, P.ODihari, Police Station- Rajpur, District- Buxar.

¶7

Yasmin Khatoon, Son of Ekbal Ansari, Resident of Village Kharagpura, P.ODihari, Police Station- Rajpur, District- Buxar.

¶8

Vishwalata Devi, Wife of Ajay Kumar Ram, Resident of Village- Rampur, P.O- Rampur, Police Station- Rajpur, District- Buxar.

¶9

Poonam Kumari, Wife of Jai Prakash Ram, Resident of Village and P.OSikaraula, Police Station- Rajpur, District- Buxar.

¶10

Chanda Devi, Wife of Saroj Kumar Rai, Resident of Village and P.O- Dihari, Police Station- Rajpur, District- Buxar.

¶11

Hemanti Devi, Wife of Dharmendra Ram, Resident of Village and P.ODihari, Police Station- Rajpur, District- Buxar.

¶12

... ... Petitioner/s

¶13

Versus

¶14

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

¶15

The Chief Executive Officer, Jivika Bihar, Gramin Ajivika Pariyojna, Bihar, Govt. Patna.

¶16

The District Magistrate -Cum- Collector Buxar, District Buxar.

¶17

The District Project Manager Buxar, (Zila Pariyojna Parbandhak, Jivika, Buxar).

¶18

The Block Project Manager, Chausa Parkhand (Parkhand Pariyojna Parbandhak Community Co-coordinator, Chausa Block, District Buxar.

¶19

Dipika Devi, Adhaksh Aditya Jiveeka Mahila Sankul Astry Sangh Souri Chausa Block Buxar.

¶20

Dhanvanti Devi, Secretary, Aditya Jiveeka Manila Sankul Astry Sangh Souri Chausa Block Buxar.

¶21

Mina Devi, Kosa Adhaksh, Aditya Jiveeka Manila Sankul Astry Sangh Souri Chausa Block Buxar.

¶22

... ... Respondent/s

¶23

Patna High Court CWJC No.4091 of 2025(2) dt.18-03-2025 2/3

¶24

====================================================== Appearance :

¶25

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv. For the Respondent/s : Mr. Manoj Kumar Yadav, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

¶26

2 18-03-2025

¶27

Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioners and Mr. Manoj Kumar Yadav, learned counsel for the State.

¶28

The petitioners are aggrieved with the Letter no. 118 dated 04.12.2024 issued by Deepika Devi (Adhyaksh), Dhanwanti Devi (Sachhiv) and Meena Devi (Kosa Adhyaksh), whereby the services of the petitioners have been dispensed with. The petitioners also sought for a direction to pay their arrears of salary.

¶29

Considering the nature of the post which the petitioners were holding under the project, this Court does not find any reason to exercise the prerogative writ jurisdiction under Article 226 of the Constitution of India. However, if the petitioners have any grievance, they may approach before the respondent no.2, the Chief Executive Officer, Jivika Bihar, Gramin Ajivika Pariyojna, Bihar, Government, Patna, for redressal of their grievance.

¶30