Santosh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3114 of 2020 ====================================================== 1.
Santosh Paswan, son of Sri Paswan, resident of Village- Golakpur, P.o.- Barwan, P.s.- Kako, District- Jehanabad 2.
Suryamani Devi, wife of Rital Chaudhari, resident of Mohalla- Gaurakshni, P.s.- Jehanabad, District- Jehanabad 3.
Amit Kumar, son of Shyam Kishore Manjhi, resident of Village- Ranipur, P.o.- Tejbigha, P.s.- Kako, District- Jehanabad 4.
Madhu Devi, wife of Shambhu Dom, resident of Mohalla- Ambedkarnagar, P.s.- Jehanabad, District- Jehanabad 5.
Birendra Chandrawansi, son of Bheem Sen Singh, resident of VillageDakshini, P.o.- Dharampur, P.s.- Jehanabad, District- Jehanabad 6.
Ranju Devi, wife of Deepak Manjhi, resident of Mohalla- Kamdeo Bigha, P.s.- Jehanabad, District- Jehanabad ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Welfare Deptt., Govt. of Bihar, Old Secretariat, Patna 2.
The Director, Schedule Caste and Scheduled Tribe Welfare department, Bihar, Patna 3.
The Deputy Director, Welfare, Magadh Commissionery, Gaya 4.
The District Magistrate, Jehanabad 5.
The District Welfare Officer Jehanabad 6.
The Incharge Principle, Rajkiya Ambedkar Girls residential High School, Dakshini, Kako, Jehanabad ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Hriday Prasad, Advocate For the Respondent/s :
Mr.Mithilesh Kumar Upadhyay, AC to GP3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-09-2022 Heard learned counsel for the petitioners and learned counsel for the State.
Learned counsel for the petitioners submits that they have been rendering services as Guards and Safai Karmchari in the Rajkiya Ambedkar Girls Residential High School at
Patna High Court CWJC No.3114 of 2020(2) dt.14-09-2022 2/3 Dakshini Kako in Jehanabad, since 2011 up till 17.09.2019. At this juncture an NGO was engaged by the School for preparation of meals and the petitioners objected to their indecent behavior within the school campus. The NGO has thereafter prevailed over the Authorities for ensuring that the petitioners are disengaged. Their daily wages services have thus been brought to an end. It is in this background that they have approached the State Schedule Caste Commission, pursuant to which communication has also been done by the Commission with the District Magistrate, Jehanabad, in respect of at least one of the petitioners namely petitioner no.1. He submits that the other petitioners shall also be availing their remedies before the Commission by joining petitioner no.1 before the Commission, and that the petitioners would pursue their cause before the Commission, in accordance with law.
The learned counsel for the State has appeared. He has opposed the writ petition by submitting that there is insufficient material to show that petitioners have continuously worked for the period claimed by them and also submits that the relief of reengagement on daily wages is not enforceable by issuance of a writ.
Considering the rival submissions, having regard to
Patna High Court CWJC No.3114 of 2020(2) dt.14-09-2022 3/3 the limited prayer made by the petitioners' counsel, writ application is disposed of with liberty to the petitioners. (Madhuresh Prasad, J) shashank/- U