Niraj Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1888 of 2022

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Niraj Kumar S/o - Gita Prasad Singh R/o - Vill. Kumar, Panchayat - Kumar, P.S. - Sikandra, Dist. - Jamui.

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Sudhir Kumar S/o Mundev Yadav R/o - Vill. Ramdih, Panchayat - Pohe, P.S. - Sikandra, Dist. - Jamui.

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Mantu Kumar S/o Yugal Kishor Yadav R/o - Vill. Mircha, Panchayat - Mircha Pathak Chak, P.S. - Sikandra, Dist. - Jamui.

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Rajesh Kumar S/o - Janardan Prasad Singh R/o - Vill. Kenal, Panchayat - Chnan, P.S. Kharia, Dist. - Jamui.

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Binod Yadav S/o - Rajendra Yadav R/o - Vill. Kanan, Panchayat - Kanan, P.S. - Jhajha, Dist. - Jamui.

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Prabhat Kumar S/o - Kishori Sharma R/o - Vill. Tal Saharsa, Panchayat - Sighuri, P.S. Sikandra, Dist. - Jamui.

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Monika Singh W/o Ashutosh Kumar Singh R/o - Vill. and Panchayat - Jithingoi, P.S. - Khaira, Dist. - Jamui.

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Hari Kishore Singh S/o Babulal Singh R/o - Vill. and Panchayat - Chain, P.S. - Jhajha, Dist. - Jamui.

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Anil Yadav S/o - Sahdeo Yadav R/o - Panchayat - Hathiya, P.S. - Jhajha, Dist. - Jamui.

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Rahul Kumar S/o - Rana Ranjit Singh R/o - Vill. and Panchayat - Kathouna, P.S. - Mallehpur, Dist. - Jamui.

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Satish Kumar S/o - Garib Prasad Yadav R/o - Vill. Jhanjhari, P.S. - Ishlam Nagar, Dist. - Jamui.

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Deepak Kumar S/o Umashanker Singh R/o - Vill. and Panchayat - Kaiar, P.S. Sikandra, Dist. - Jamui.

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Mundrika Prasad Yadav S/o Gopi Yadav R/o - Vill. Palsa Khurd, Panchayat - Abgilla Chaurasa, P.S. - Chandradip, Dist. - Jamui.

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Dinesh Kumar S/o - Subelal Prasad Yadav R/o - Vill. Chhatiaini, Panchayat - Din Nagar, P.S. - Chandradip, Dist. - Jamui.

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Suresh Kumar S/o Prabhu Majhto R/o - Vill. and Panchayat - Darkha, P.S. - Lachur, Dist. - Jamui.

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Vibha Kumari D/o Ashutosh Kumar R/o - Vill. Dghanama, Panchayat - Sahora, P.S. - Chandradeep, Dist. - Jamui.

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Rahul Kumar S/o - Shailendra Kumar R/o - Vill. Kolhana, Panchayat - Kolhana, P.S. Chandradeep, Dist. - Jamui.

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Shafaque Bazmi S/o - Md. Mukhtar Alam R/o - Vill. Seway, PanchayatAbgilla Chaurasa, P.S. - Chandradeep, Dist. Jamui.

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Md. Wasim S/o - Md. Amjan Ansari R/o - Vill. and Panchayat - Aliganj, P.S. - Chandradeep, Dist. - Jamui.

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Kanti Kumari D/o Sidheshwar Mahto R/o Vill. Mahmadpur, PanchayatPurshanda, P.S. - Sikandra, Dist.- Jamui.

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Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026 2/8

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Parmanand Prasad S/o Prameshwar Prasad R/o Vill. and Panchayat - Mirganj, P.S. Sikandra, Dist. - Jamui.

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Hardeo Das S/o - Dhanu Das R/o Vill. Markama, Panchayat- Darkha, P.S. - Lachur, Dist. - Jamui.

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Anand Kishor Gupta S/o Jainarayn Gupta R/o Vill. and Panchayat - Keshopur, P.S. Jhajha, Dist. - Jamui.

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Dharamshila Kumari W/o - Ashok Kumar R/o Vill. and Panchayat - Aliganj, P.S. - Lachhuar, Dist. - Jamui.

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Dhirendra Kumar S/o Hiraman Yadav R/o Vill. Sisar, Panchayat, - Kaian, P.S. Dist. - Gaya.

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Rajesh Kumar S/o - Janki Yadav R/o Vill. and Panchayat - Dumarichhatti, P.S. - Fatehpur, Dist. - Gaya.

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Babita Kumari W/o - Pappu Kumar R/o Vill. Kudasin, P.S. - Amas, Dist. - Gaya.

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Shyam Kumar S/o Brijnandan Sharma R/o Vill. Kajri, P.S. - Paraiya, Dist. - Gaya.

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Shashi Bhushan Kumar Singh S/o Anand Singh R/o Vill. Pahra Mirza Cha, P.O. - Paharabali, Dist. Gaya.

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Basant S/o - Narayan Yadav R/o Vill. Baheri Mohanpur, P.S. - Sherghati, Dist. - Gaya.

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Sunita Kumari @ Sunita Devi W/o - Dhananjay Kumr R/o Vill. Konchi, P.S. Guraru, Dist. - Gaya.

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Mithlesh Mistry S/o - Chando Mistry R/o Vill. Dhibra, P.S. and Dist. - Gaya.

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Niranjan Kumar Sharma S/o Sheo Kumr Sharma R/o - Vill. Roksa, P.O. - Bharaudha, Dist. - Gaya.

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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 Principle Secretary, Agriculture Department Govt. of Bihar, Patna.

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The Director, Agriculture Department, Govt. of Bihar, Patna.

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The Commissioner Development, Govt. of Bihar, Patna.

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The Director, Lands Protection cum Chief Executive Officer, Govt. of Bihar, Patna.

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The District Magistrates of all concerned Districts of Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar No. 1, Advocate For the Respondent/s : Mr. Nilotpal Sharma, AC to ex GP-21 ======================================================

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Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026 3/8

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 05-01-2026

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Heard learned counsel for the petitioners and learned

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counsel for the State.

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Learned counsel for the petitioners submits that the

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present writ petition has been filed for the following reliefs:-

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(i) That the writ in the nature of mandamus may kindly be issued, directing the respondents to extend/adjust/ regularize the services of these petitioners, who are all regularly working on the post of "Jal Chhajan Secretary" in several Panchayats of Bihar since 2013 as yet and a similar case CWJC No. - 9612/21 has been disposed off by this Hon'ble Court on 20-12-21 as order contained in Ax. - 20 to this petition. This case be disposed off in terms of order contained in Ax. - 20.

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(ii) That services of all these petitioners be either extended or adjusted in other departments in other schemes of Government or be regularized in the light of two 'Sankalps of General Administration Department, Govt. of Bihar bearing Memo No. 3/ M - 78/2005 Gen. - Admi. 1003/Patna - 15 dt. 22-01-21 and also bearing Memo No. 3/ M - 10/2020 Gen. 1658/ Patna - 15, dated 05-02- 2021 contained in Ax - 13/1 and 13/2 respectively.

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Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026 4/8

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(iii) That the respondents be strictly directed to make payments of salaries/ honorarium with all arrears, current and consequential benefits along with appropriate interest, cost and compensations, which are due, despite of regular working of the petitioners as yet.

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(iv) That the respondents be strictly directed to adjust these petitioners on the posts of 'Kishan Salahkar' or 'Jal Jeevan Hariyali' scheme or K.V.K. (Kishan Vigayan Kendra) or any other similar schemes of Bihar Government as per 'Sankalp' contained in Ax - 3/1, 3/2 & 4.

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(v) That honorarium of these petitioners (Jal Chhajan Secretaries) may kindly be enhanced from Rs. 2500 per month to at least Rs. 9620 per month so that Bihar Minimum wages Act, Amended on 24th Sept. 2020 may not be violated by the Govt. itself.

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(vi) That the respondents be strictly directed to provide all similar facilities to these petitioners under article 14 and 16 of the Constitution of India, as it is being given to other contractual and outsourcing employees like Primary Teachers, ANMs, Tola Sevak, Kishan Mitra, Nayaya Mitra etc.

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(vii) That the services of these Petitioners be directed to be continued till

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Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026 5/8

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attending the age of 60 years as other contractual employees like Primary Teachers, ANMs, Tola Sevak etc. are being given this facility by the Govt. of Bihar.

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(viii) That during the pendency of this writ petition services and honorarium of these petitioners may kindly be directed to continue & paid regularly and any corrosive action may kindly be stayed.

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(ix) That the respondents be directed to pay the appropriate cost and compensation to these poor petitioners for unnecessary mental, physical and economical harassment done by the illegal and unconstitutional acts of these respondents.

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(x) That any other relief or reliefs may kindly be granted in favor of the petitioners as it may be deemed fit and proper to the facts and circumstances of this case.

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Counsel further fairly submits that similarly situated persons had already approached this Hon’ble Court in CWJC No. 9612 of 2021, which was disposed of vide judgment dated 20.12.2021, granting liberty to the petitioners therein to file representation for redressal of their grievance.

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Learned counsel for the State submits that the State has no objection if the petitioners file their representation before

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Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026 6/8

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the concerned authority, i.e., the Director, Agriculture Department, Government of Bihar, Patna (Respondent No. 3), and for redressal of their grievance a direction may be issued to Respondent No. 3 to pass an appropriate order on the petitioners’ representation within a fixed period of time.

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It transpires to this Court, vide Annexure-20, in the case of similarly situated persons, the Hon’ble Court, after considering the submissions of the parties, disposed off the above-mentioned writ petition as follows:-

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“Petitioners were stated to have been appointed to various posts in the year 2013 and some of the petitioners have been displaced. In the guise of regularization of such of those displaced persons who were not working, presented this petition.

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Learned counsel for the petitioners vehemently submitted that such of those displaced persons are entitled to accommodate in terms of State Government Policy dated 05.02.2021. Such contention is appreciated only in respect of such of those petitioners who were working as on 05.02.2021.

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In respect of displaced persons, they are not entitled to take shelter under the State Policy decision dated 05.02.2021 since it has no retrospective effect. All the

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Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026 7/8

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executive orders would be effective only from the date of its issuance it has no retrospective effect as held by Hon'ble Apex Court time and again. Rules, executive order and statute would not be given retrospective effect unless expressed provision.

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In the light of these facts and circumstance, the concerned respondent is hereby directed to take note of grievance of each of the petitioners who are in service as on 05.02.2021 and redress their grievance as in the present petition read with the representation. The above exercise shall be completed within a period of three months from the date of receipt of this order.

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With the aforesaid observations, the present petition stands disposed off”

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In light of the submissions made above, this Court feels it appropriate to grant liberty to the petitioners to file their representation before the Director, Agriculture Department, Government of Bihar, Patna (Respondent No. 3). Respondent No. 3 is hereby directed to take a decision by passing a reasoned and speaking order on the representation of the petitioners, either individually or collectively, within a period of three months from the date of production of a fresh representation.

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With the aforesaid directions and observations, the

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Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026 8/8

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present writ petition is hereby disposed off.

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(Dr. Anshuman, J.)

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Aman Kumar/-

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U

Niraj Kumar v. The State of Bihar

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Niraj Kumar v. The State of Bihar

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