Arjun Mandal And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19207 of 2016 ======================================================

1. Arjun Mandal S/o Late Ram Prasad Mandal resident of Village - Mungroura, Chaurasia Path, P.O. - Jamalpur, P.S. - East Colony, District - Munger, Pin - 811214.

2. Devanshu Shekhar Rajhans S/o Radha Krishna Das Resident of Rampur Colony, Quarter No. 411/AB Jamalpur, P.O. & P.S. - Jamalpur, District - Munger.

3. Ravi Shekhar S/o Nand Kishore Mehta Resident of Village - Bariyarpur Basti, P.O. + P.S. - Bariyarpur, District - Munger, Pin - 811211. .... .... Petitioners

Versus

1. The State of Bihar.

2. The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3. The Director, Land Record and Survey, Govt. of Bihar, Patna.

4. The Collector-cum-Settlement Officer, Munger, District - Munger.

5. The Circle Officer, Tarapur, District - Munger. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Siya Ram Shahi, Adv. For the Respondent/s : Mr. Md.Khurshid Alam, AAG12 Mr. Nutan Sahay, AC to AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-03-2018 Heard learned counsel for the parties.

These petitioners were appointed on contract basis in pursuance of the advertisement published in daily newspaper "Prabhat Khabar" dated 1.4.2012 which made it very clear that the engagement is need based and payments would be made for the days their services have been utilized.

On query being made, Md. Khurshid Alam, learned AAG-12, has informed that these posts are not sanctioned posts and thus, the services of Amin have been engaged for completing

Patna High Court CWJC No.19207 of 2016 (3) dt.22-03-2018 the land reforms work in the villages on need based basis. He further informs on instruction that the remuneration to these petitioners are being paid from the fund ear-marked for Mazdoors. Having heard learned counsel for the parties and in the nature of relief prayed where these petitioners claim permanent status but the stipulation present in the advertisement itself made it explicit that no such right would accrue, this Court is not persuaded to grant indulgence more particularly in view of the fact that Amins do not come with regular cadre and the issue is being raised after four years of selection.

However, in case any remuneration of these petitioners is outstanding, they would be at liberty to represent before the authority concerned, who shall consider and dispose of the claim within a period of six weeks of its filing.

The writ petition is disposed of with the aforementioned liberty.

(Jyoti Saran, J) Surendra/- U