Md. Riyaz Uddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3674 of 2025 ====================================================== Md. Riyaz Uddin Ansari, Son of Late Mohammad Maksud Anari, Resident Of Mohalla- Ashiana Colony, Near Dlip Dharmshala, Purabsarai, P.S.- Purabsarai, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati, Bihar, Patna.

2.

The Additional Chief Secretary, Panchayat Raj Department, Patna. 3.

The Additional Chief Secretary, Department of Finance, Bihar, Patna. 4.

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

5.

The Joint Secretary, Department of Panchayati Raj, Bihar, Patna. 6.

The Deputy Director-cum-Deputy Secretary, Department of Panchayat Raj, Bihar, Patna.

7.

The Divisional Commissioner, Munger Division, Munger. 8.

The District Magistrate, Munger.

9.

The Deputy Development Commissioner, Munger.

10.

The District Panchayat Raj Officer, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Respondent/s :

Mr. K.N.Jha, AC to GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-03-2025 Heard the parties.

2. The petitioner has invoked the jurisdiction of this Court seeking a direction upon the concerned respondents to direct for regularization of the service of the petitioner of his training period of Panchayat Sewak and pay the salary in regular pay scale for the post of Panchayat Sewak with effect from the date he was appointed to the post of Panchayat Sewak and was send for training.

Patna High Court CWJC No.3674 of 2025(2) dt.03-03-2025 2/3

3. The petitioner also sought a direction upon the respondents to consider his representation dated 05.04.2018 and further the representation dated 06.02.2018, submitted before the respondents no. 1 and 7 to extend the salary for the period of training and other benefits.

4. Adverting to the facts as noted in the writ petition learned Advocate for the petitioner submitted at the Bar that the identical matters have come up before this Court, wherein a Bench of this Court in C.W.J.C. No. 9938 if 2024, after hearing the parties and on perusal of the document observed that the issue in question is still alive, which is apparent from letter no. 327 dated 10.04.2018 and a decision has yet to be taken at the level of Panchayati Raj Department; disposed off the writ petition with a direction to the Principal Secretary, Panchayati Raj Department, Government of Bihar to decide the representation.

5. Referring to the decisions of this Court, contained in Annexure P/10 and P/11, learned Advocate thus contended that his case is squarely covered with the afore-noted decisions and if the present writ petition be disposed off in terms of the order passed in the afore-noted case, the interest of justice would be met.

6. Learned Advocate for the State although

Patna High Court CWJC No.3674 of 2025(2) dt.03-03-2025 3/3 vehemently opposed the prayer of the petitioner on account of delay and latches, however he would not be able to defend the position that in identical situation some of the petitioners have been accorded liberty to file representation before the competent authorities.

7. In view of the submissions advanced by learned Advocate for the respective parties, the present writ petition also stands disposed off with similar terms of order dated 01.07.2024 in C.W.J.C. No. 9938 of 2024 and order dated 10.07.2024 in C.W.J.C. No. 10295 of 2024 giving liberty to the petitioner to file a fresh representation before the Principal Secretary, Panchayati Raj Department, Government of Bihar preferably within a period of thirty days from the date of production of a copy of this order and the Principal Secretary, Panchayati Raj Department, Government of Bihar is directed to pass a reasoned and speaking order within a period of further ninety days thereafter.

8. With the aforesaid observation and direction the writ petition stands disposed off.

(Harish Kumar, J) supratim/- U