Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4732 of 2025 ====================================================== 1.

Rajeev Kumar Son of Arun Kumar Sharma Resident of Village- Solara P.S.- Paraya District Gaya 2.

Dhananjay Kumar Son of Sri Badhan Yadav Resident of Village- Paranpur, P.S.- Paraya District Gaya 3.

Amul Kumar Sinha Son of Sri Arjun Lal Resident of Village- Pachhati, P.S.- Bodh-Gaya, District -Gaya.

4.

Washi Imam Son of Late Ali Imam Resident of Village- Imbrahimpur, P.S.- Kurtha, District-Jahanabad.

... ... Petitioners

Versus

1.

The State of Bihar through the Secretary, Department of General Administration, Government of Bihar, Patna.

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The Collector, Gaya having his Office Collectoriate Compound, Gaya. 4.

The Deputy Collector, Establishment, Gaya having his Office Collectoriate Compound, Gaya.

5.

The Additional Collector, Establishment having his Office Collectoriate Compound, Gaya.

6.

The District Employment Officer, Gaya.

7.

The D.D.C. (Deputy Development Commissioner), Gaya having his Office, Vikash Bhavan, Gaya.

8.

The Deputy Collector, Nazarath, Gaya Having his Office Collectoriate Compound, Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Virendra Prasad, Advocate For the Respondents :

Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-03-2025 The petitioners in this case have prayed for the following reliefs:- (a) For that the petitioners filed writ petition for seeking direction to the Respondent no. 3 to consider the case of the petitioners for selection of Group-'D' in pursuance of the

2/4 direction/ order passed by this Hon'ble Court on 15.04.2009 in MJC No. 2994/2007 and 41/2009, by which that the petitioners are daily wager employees of the Collectoriate, Gaya who have worked for more than 240 days in a calendar year. Names of the petitioners had/have reflected panel prepared by the District Collector, Gaya from 1994-95 to 2018-19, in pursuance of Advertisement no. 1/2013-14, the petitioners have fulfilled all criteria as per the guideline/ circulars issued by the General Administrative, Government of Bihar vide Letter no. 16441 dated 03.12.1980, Letter no. 452 dated 26.05.1987 and Letter No. 3577 dated 25.04.1997 issued by the General Administrative Department and the Finance Department also. (b) For that the petitioners are daily wager employees who have worked for more than 240 days in a calendar year.

Names of the petitioners had/have reflected panel prepared by the Collector, Gaya from 1994 in which that the petitioner no. 1 belongs at Serial no. 307, 114, 2120. Panel prepared by the District Collector, Gaya in the year 2004, 2009-2010 and 2018 as per Advertisement. The petitioner no. 2 belongs at serial no. 279, 231, 196, 175, 33. Panel prepared by the Respondent Collector, Gaya in the year 1995-1996, 1997-1998, 1999-2000, 2004, 2009-2010, the petitioner no. 3 belongs at Serial nоs.

3/4 144, 114, 103, 02. Panel prepared by the Respondent no. 3. Panel prepared in the year 1995-96, 1997-98 and petitioner Note belongs at serial no. 232, 184, 153, 133 & 13, 1995-96, 199798, 1999-2000, 2004, 2009 and 2010. (c) For seeking direction to the Respondents Authorities to select/ appoint the petitioners by which that the appellants are daily wagers employees who have worked for more than 240 days in a calendar year. Hence, that the petitioners have fulfilled each and every condition prescribed by the circulars, guideline issued, by the State Govt. and in pursuance of the Advertisement time to time by the State Government for selection/ appointment and undertaking given by the District Collector, Gaya in M.J.C. No. 41/2007 and its analogous cases. Names of the petitioners are reflected panel prepared by the Collector, Gaya, 2018-2019.

(d) For grant of any other relief or reliefs for which the petitioners are entitled may be granted by this Hon'ble court.

2. During the course of hearing, the counsel for the petitioners apprised this Court that for claiming the reliefs as prayed for in this writ application, the petitioners have already filed a representation (Annexure-P/23) to the District Magistrate-cum-Collector, Gaya and that continues to be still

4/4 pending. The counsel for the petitioners further contends that he would be satisfied if this Court grants him the liberty to file a fresh representation containing all the grounds with a direction to the District Magistrate-cum-Collector, Gaya (respondent no.

3) to dispose of the same within a fixed period of time.

3. With the consent of parties, the petitioners are granted the liberty to file a fresh representation before the District Magistrate-cum-Collector, Gaya which must contain all the grounds in detail for claiming the reliefs as prayed for in the present writ application. This representation must be filed by the petitioners within two weeks from the date of this order and the respondent no. 3 is directed to decide the said representation within two months thereafter, after giving an opportunity of hearing to the petitioners. In case the representation filed by the petitioners is disallowed, the petitioners would be at liberty to claim the reliefs afresh by filing another writ petition.

4. With the aforesaid observations and directions, this writ application stands disposed of.

(Alok Kumar Sinha, J) GK Sinha/- U T