Rakesh Ranjan Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11185 of 2025

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Rakesh Ranjan S/o Ramprit Chourasia, R/o Vill- Dhane Goraul, Post and P.SGoraul, Dist- Vaishali, presently residing at Chhoti Marai, Ward No. 28, PostHajipur, P.S- Hajipur Town, Dist- Vaishali.

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... ... Petitioner/s

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Versus

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

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The Chief Secretary, Govt. of Bihar, Patna.

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The Additional Chief Secretary, Road Construction Department, Govt. of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna.

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The Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna.

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The Secretary, Road Construction Department, Govt. of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna.

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The Deputy Secretary (Management Cell), Road Construction Department, Govt. of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna.

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The Under Secretary (Management Cell), Road Construction Department, Govt. of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Siyaram Pandey, Advocate For the Respondent/s : Mr. Mujatbuddin Haque, GP-12 Mr. Pranoy Kumar, AC to GP-12

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT

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Date : 13-03-2026

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Heard learned counsel appearing for the petitioner and

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learned counsel appearing for the State.

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The present writ petition has been filed for quashing the Order No. 1/Misc-55-2017 contained in Memo No. 1/Misc-55-2017-3627(S) dated 08.05.2025 issued by the Under

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Secretary (Management Cell), Road Construction Department, Government of Bihar, Patna (Annexure-P/6 to the writ petition), whereby the services of the petitioner have been terminated. The petitioner has further prayed for issuance of a direction to the respondents to appoint/reinstate him on the post of Legal Expert, whose selection and appointment were made in light of Notification No. 1/Misc-55-2017-1697(S) dated 28.02.2020 issued by the Deputy Secretary (Management Cell), Road Construction Department, Government of Bihar, Patna (Annexure-P/4 to the writ petition).

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Learned counsel for the petitioner submits that the petitioner was appointed on the post of Legal Expert on 09.03.2020 under the Road Construction Department, Government of Bihar, in light of Sankalp No. 2401 dated 18.07.2007 issued by the General Administration Department, Government of Bihar, and in compliance with departmental Notification No. 7946(S) dated 11.10.2019, on contractual basis for a period of one year. The said contractual period was extended from time to time against a duly sanctioned and vacant post.

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Learned counsel further submits that two posts of Legal Expert were sanctioned by the department, which is

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evident from Memo No. 7946(S) dated 11.10.2018 issued by the Road Construction Department, Government of Bihar, Patna. Thereafter, the department published an advertisement for selection and appointment on the post of Legal Expert on fulltime contractual basis by following the reservation policy and due process of law. The petitioner applied for the said post and his name was shortlisted for interview. Subsequently, the petitioner was finally selected under the reserved category and an appointment letter was issued in his favour by the Deputy Secretary (Management Cell), Road Construction Department, Government of Bihar, Patna vide Memo No. 1697(S) dated 28.02.2020. After such appointment, the petitioner joined and continued to discharge his duties diligently.

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Learned counsel further submits that the department issued a letter bearing Memo No. 3627(S) dated 08.05.2025 whereby the contractual extension granted to the petitioner was rescinded with immediate effect without any prior notice or opportunity of hearing to the petitioner. Being aggrieved by the said action, the petitioner submitted representations dated 09.05.2025 before the Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna, and thereafter on 04.06.2025 before the Chief

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Secretary, Government of Bihar, Patna in light of Memo No. 1003 dated 22.01.2021 issued by the General Administration Department, Government of Bihar, Patna, which provides for an appellate remedy. However, till date no decision has been taken on the said representations. Learned counsel for the petitioner further submits that the petitioner was appointed following due process of law and had been discharging his duties for about five years. It is further submitted that although the appointment was contractual in nature, the respondent authorities are now intending to appoint another person on the same post by issuing a fresh advertisement on contractual basis, which is contrary to the settled principle of law laid down by the Hon’ble Supreme Court.

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In support of his contention, learned counsel for the petitioner has relied upon the judgment of the Hon’ble Supreme Court in Manish Gupta and Another vs. President, Jan Bhagidari Samiti and Others in Civil Appeal Nos. 3084-3088 of 2022, wherein in paragraph-12 it has been observed that: “It is a settled principle of law that an ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following the prescribed regular procedure.”

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7 . Learned counsel further submits that by way of supplementary affidavit the joining letter of the petitioner has been brought on record, which also contains the terms of the contractual agreement. Clause-9 of the said agreement specifically provides that the contract may be terminated by either side by giving one month’s notice or payment of one month’s contractual remuneration.

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Learned counsel for the petitioner has also relied upon a judgment passed by a learned Single Judge of this Court in CWJC No. 19405 of 2024 ( Pawan Kumar vs. The State of Bihar and Others ), wherein the matter relating to appointment on the post of Data Entry Operator was disposed of in favour of the employee.

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Learned counsel for the State, on the other hand, submits that the impugned letter (Annexure-P/6), by which the contractual engagement of the petitioner as Legal Expert ended. The said letter has been issued strictly in accordance with law. It is submitted that the petitioner was engaged purely on contractual basis for a period of one year, which was subject to extension from time to time. Learned counsel further submits that the appointment letter (Annexure-P/4) clearly stipulates that the contractual engagement may be terminated at any time

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without any prior notice, and therefore no illegality has been committed by the department.

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Learned counsel further submits that his contract was extended in the interest of work, time to time and contract has been cancelled after five years. Counsel submits that service condition has also been issued vide Memo No. 1697(s) dated 28.02.2020 which is (Annexure P/4 to the writ petition). In the light of the facts and circumstances of the present writ petition, the petitioner is not entitled for any relief.

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Upon hearing the parties and on perusal of the records, particularly Annexure-P/4 to the writ petition issued vide Memo No. 1697(S) dated 28.02.2020, which is most relevant for the present controversy, it transpires to this Court that the appointment of the petitioner on the post of Legal Expert was purely contractual in nature. The initial engagement was for a period of one year, which was extendable from time to time depending upon the requirement of the department. The terms and conditions of the said contract, as contained in the appointment letter, are as follows:—

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fcgkj ljdkj iFk fuekZ.k foHkkx vkns”k

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vf/klqpuk la[;k&1@fofo/k&55@2017

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foHkkxh; vf/klwpuk la[;k&7946¼,l½ fnukad 11-10-2019 ds }kjk iFk fuekZ.k foHkkx] fcgkj] iVuk esa lafonk ds vk/kkj ij fu;kstu gsrq

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7/10

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02¼nks½ fof/k fo”ks’kK dk in Lohd`r fd;k x;k gSA

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mDr in ij fu;kstu gsrq Online izkIr vkosnu i= ds vk/kkj ij fu;kstu gsrq lk{kkRdkj lfefr }kjk fy, x, varZoh{kk ,oa es/kk lwph ds vk/kkj ij foHkkxh; fu;qfDr lfefr ds vuq”kalk ds vkyksd esa Jh jkds”k jatu] firk&jke izhr pkSjfl;k] eks0&NksVh ejbZ] okMZ la[;k&24] iksLV&gkthiqj] ftyk&oS”kkyh dks fof/k fo”ks’kK ds fjDr in ij lafonk ds vk/kkj ij ;ksxnku dh frfFk ls ,d o’kZ ds fy, fu;kstu fd;k tkrk gSA

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2- ;g lafonk fu;kstu vLFkkbZ gS ftls fdlh Hkh le; fcuk lwpuk ds lekIr dh tk ldrk gSA Hkfo’; esa lafonk fu;kstu ds vk/kkj ij LfkkbZ fu;kstu ds fy, fdlh izdkj dk nkok ekU; ugha gksxkA

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3- lafonk ds vk/kkj ij fu;ksftr dehZ ljdkjh lsod ugha ekus tk;saxs vkSj ljdkjh lsod dks vuqekU; fdlh Hkh lqfo/kk ds os gdnkj ugha gksaxsA lafonk ds vk/kkj ij fu;kstu ds ckn ljdkjh lsok esa fu;ferhdj.k dk mudk dksbZ Hkh nkok ugha cusxkA

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4- lkekU; iz”kklu foHkkx ds ladYi la[;k&2401 fnukad 18-07-2007 esa fufgr izko/kku ds vkyksd esa vfHk;kstu funs”kky; esa vfHk;kstu inkf/kdkjh dk osru ds vk/kkj ij fof/k fo”ks’kK dk ekfld ikfjJfed :0 64]000@& ¼pkSlB gtkj½ fu/kkZfjr fd;k x;k gSA blds vfrfjDr fdlh izdkj dk jkf”k ns; ugha gksxkA muds tkfr izek.k i= lacaf/kr ftyk inkf/kdkjh ls lR;kiu ds mijkUr gh ikfjJfed dk Hkqxrku fd;k tk;sxkA 5- ;ksxnku ds le; vlSfud “kY; fpfdRld ls LokLF; izek.k&i= layXu djuk gksxkA

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6- fu;qfDr i= fuxZr gksus dh frfFk ls ,d i{k ds vanj vfuok;Z :i ls ;ksxnku djuk gksxk vU;Fkk lafonk fu;kstu lekIr dj fn;k tk;sxkA 7- ekfld ikfjJfed jkf”k dk ogu ekax la0&41 ds LFkkiuk ,oa izfrc) O;; ds v/khu eq[; “kh’kZ 3054&lM+d rFkk lsrq] mi eq[; “kh’kZ&80&lkekU;] y?kq “kh’kZ&001&funs”ku rFkk iz”kklu] mi “kh’kZ&0001&funs”ku] foi= dksM&41&3054800010001] fo’k; “kh’kZ&000128-02&lafonk lsok;sa vUrxZr fodyuh; gksxkA

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8- lafonk ds vk/kkj ij fu;ksftr dehZ dks NqV~Vh dh vuqekU;rk ugha gksxhA mUgsa ljdkjh lsodksa dks vuqekU; vkdfLed vodk”k ek= vuqekU; gksxkA Ng ekgksa dh vof/k ds lafonk vk/kkfjr fu;kstu ds lanHkZ esa ljdkjh lsodksa dks vuqekU; okf’kZd vkdfLed vodk”kksa dh dh dqy la[;k ds vk/ks dh la[;k esa vkdfLed vodk”k vuqekU; gksxkA 9- vuqca/k lekfIr ds iwoZ ;fn iqufuZ;kstu ugha gksrk gS] rks oSlh fLFkfr esa fu/kkZfjr frfFk dks budk vuqca/k Lor% lekIr ekuk tk;sxk vkSj blds fy, vkns”k fuxZr fd;k tkuk visf{kr ugha gksxkA

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10- ;ksxnku ds fy, ;k=k HkRrk vuqekU; ugha gksxkA

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11- lafonk ds vk/kkj ij fu;ksftr fd;s tkusokys dehZ dks layXu fofgr izi= esa ,djkjukek miyC/k djkuk vko”;d gksxkA

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g0@& ¼ccyw dqekj½ mi lfpo ¼iz0dks0½

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It transpires to this Court that the document on the

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basis of which the petitioner entered into service is AnnexureP/4 to the writ petition. Pursuant to the said appointment, the petitioner joined the post and, at the time of joining, an agreement was executed between the parties. The terms and conditions of the said agreement are as follows:—

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ifjf”k’V &1

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lafonk ds vk/kkj ij fu;kstu gsrq ,djkjukek

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;g ,djkjukek iFk fuekZ.k foHkkx foHkkx] fcgkj ljdkj] iVuk ,oa p;fur@fu;ksftr gksus okys Jh jkds”k jatu ds chp fuEufyf[kr “kRRkksZa ds lkFk dh tk ugha gS%&

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1- ;g fu;kstu dsoy fof/k fo”ks’kK ¼in dk uke½ ds fy, fd;k tk;sxkA

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2- ;g fu;kstu lafonk ds vk/kkj ij dsoy 01 ¼,d½ lky ds fy, fd;k tk;sxk ysfdu fo”ks’k ifjfLFkfr esa bldh vof/k vxys 01 ¼,d½ lky rd c<+k;h tk ldsxhA

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3- lafonk ds vk/kkj ij fu;ksftr Jh jkds”k jatu dks 64000@:0 izfrekg ,deq”r jkf”k ikfjJfed ds :i esa ns; gksxk ,oa blds vfrfjDr vU; dksbZ jkf”k ;k HkRrk ns; ugha gksxkA

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4- bl rjg ds fu;ksftr O;fDr dks bl fu;kstu ds vk/kkj ij ljdkjh lsodksa dks ns; dksbZ vU; lqfo/kk vuqekU; ugha gksxhA

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5- bl vk/kkj ij Hkfo’; esa fu;fer fu;qfDr vFkok vU;Fkk dksbZ nkok vuqekU; ugha gksxkA

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6- lafonk ij fu;ksftr O;fDr dh lsok LFkkukUrj.kuh; ugha gksxhA 7- lafonk ij fu;kstu ds mijkar fu;ksftr LFkku gsrq vius bPNkuqlkj vkosnd nks fodYi ns ldrs gSa ijUrq fdlh Hkh Lfkku ij fu;kstu dk vf/kdkj foHkkx ds ikl lqjf{kr jgsxkA

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8- bl izdkj dk fu;kstu lafonk vof/k ¼daVªsDV ihfj;M½ lekfIr ds iwoZ mHk; i{kksa }kjk ,d ekg dh iwoZ lwpuk nsdj ;k ,d ekg dh lafonk jkf”k ,deq”r nsdj lekIr dh tk ldsxhA

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9- lafonk ij fu;kstu ds i”pkr~ nksuksa i{kksa dks ,djkjukek dh mijksDr “krsZa ekU; gksxhA fu;ksftr O;fDr mijksDr ,djkjukek ds fdlh Hkh “krZ dk mYya?ku djsaxs rks ,djkjukek Lor% lekIr le{kk tk;sxkA

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Rakesh Ranjan iFk fuekZ.k foHkkx] fcgkj] iVuk fu;ksftr O;fDr 09-03-2020

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Upon perusal of the terms of the advertisement,

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it transpires that the employment of the petitioner was purely temporary and contractual in nature and could be terminated at any time. However, the appointment agreement contains a specific stipulation that termination of the contract by either side shall be preceded by one month’s prior notice or payment of one month’s contractual remuneration in lieu thereof.

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Since the appointment of the petitioner was purely contractual in nature as Legal Expert, this Court is not inclined to interfere with the impugned action of the respondents. However, one aspect requires consideration, namely that prior to termination of the contract, one month’s notice was not given to the petitioner as required under the terms of the agreement.

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Accordingly, in light of the aforesaid contractual stipulation, the State is directed to make payment of one

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month’s contractual remuneration to the petitioner within a period of 30 days from the date of receipt/production of a copy of this order.

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So far as the judgments relied upon by learned counsel for the petitioner in Manish Gupta (supra) and Pawan Kumar (supra) are concerned, it appears that in those cases the issue related to replacement of ad hoc employees. In the present case, the petitioner was not an employee holding a regular or ad hoc post but was engaged as a Legal Expert purely on contractual basis. Therefore, this Court is of the considered view that the aforesaid judgments are not applicable to the facts of the present case and do not advance the case of the petitioner.

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In the result, the writ petition stands dismissed with the aforesaid observation and direction.

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(Dr. Anshuman, J)

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Ashwini/-

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AFR/NAFR
CAV DATE	NA
Uploading Date	16/03/2026
Transmission Date	NA

Rakesh Ranjan v. The State of Bihar

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Rakesh Ranjan v. The State of Bihar

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