Sajda Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4804 of 2019 ====================================================== Sajda Khatoon W/o Kazim Ansari Resident of Village- Godhanpur, P.O. Sukhet, P.S. Jhanjharpur, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through the Principal Secretary, Deptt. of Human Resources Development, Patna.

2.

The Collector Madhubani.

3.

The District Education Officer, Madhubani.

4.

The District Programme Officer(Literacy), Madhubani. 5.

The Block Education Officer, BRC Building, Jhanjharpur, District Madhubani.

6.

The Block Program Coordinator, BRC Building, Jhanjharpur, District Madhubani.

7.

The Head Master, Govt. Kanhaiyalal Middle School, Jhanjharpur, District Madhubani.

8.

The Head Moulvi, Madarsa Asha-a-Tul Uloom Kanhauli, Jhanjharpur, District- Madhubani.

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

For the Petitioner/s :

Mr.Amarendra Narayan For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2023 Heard learned Counsel for the parties concerned. The petitioner, by way filing the present writ application, has sought for a direction to the respondents to pay monthly stipend with effect from February, 2016 till date. According to the petitioner, she was appointed on the post of Talimi Markaz Shikshak Swayam Sevi in the year 2014. The Talimi Markaz Shikshak Swayam Sevi is appointed under the scheme on contract basis for one year, as was done in the

Patna High Court CWJC No.4804 of 2019(4) dt.01-12-2023 2/3 case of Tola Sewak and the post of Talimi Markaz Shikshak Swayam Sevi is not statutory and no recruitment rules are followed for their appointment.

A Co-ordinate Bench of this Court, in the matter of Tola Sewak, in CWJC No. 18107 of 2016, has held as follows:- "The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition and has referred to a judgment dated 17.08.2015 passed by a co-ordinate Bench of this Court in CWJC No. 12390 of 2015 as well as to a judgment dated 02.02.2017 rendered by the learned Division Bench of this Court in L.P.A. No.

2185 of 2015 whereby and whereunder it has been held that since the selection or engagement or hiring of the Tola Sevak is not a permanent appointment under the State, which is required to be considered under Article 226 of the Constitution of India as well as since the post of Tola Sevak is under a scheme, the same does not create any statutory right in favour of the petitioner, hence writ petitions in such matters as that of Tola Sevaks are not maintainable. Having regard to the aforesaid judgments rendered by a coordinate Bench of this Court as also by the learned Division Bench of this Court, this Court is of the opinion that the present writ petition is not maintainable, hence the same is dismissed.

Patna High Court CWJC No.4804 of 2019(4) dt.01-12-2023 3/3 However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law."

The order passed by the co-ordinate Bench presided over by Hon'ble Single Judge in the aforesaid writ application has been affirmed by a Division Bench of this Court, holding that the writ petition is not maintainable.

Taking into consideration the aforesaid judgment of this Court and the fact that Talimi Markaz Shikshak Swayam Sevi does not hold civil post as well as the same is not a statutory post, I also come to the conclusion that the writ application is not maintainable.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √