Sohan Ram Suhana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6075 of 2019 ====================================================== Sohan Ram Suhana, male, aged about 62 years, Son of Late Bansi Ram, R/o Mahdeva, Ward No. 16, P.O. and P.S. and District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Siwan. 2.

The District Magistrate, Siwan.

3.

The Sub-Divisional Officer (Establishment), Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr. Prashant Pratap (GP-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 19-04-2019 The petitioner was engaged as an Assistant in the Collectorate of Siwan on contractual basis, which contract was subject to renewal after every three years. When the tenure of the contract with the petitioner was about to end, necessary sanction for renewal of the contract of the petitioner was sought from the Sub-Divisional Officer, Siwan by the Deputy Collector (Estb.), Siwan vide Letter No. 42 dated 12th January, 2019.

Patna High Court CWJC No.6075 of 2019 dt.19-04-2019 2/3

2. The grievance of the petitioner is that the aforesaid letter of the Deputy Collector (Estb.), Siwan was never responded to by the Sub-Divisional Officer, Siwan and precisely for that reason, the contract of the petitioner has not been renewed; whereas the contract of the other employees/Assistants who were working along with the petitioner, have been renewed by order dated 25th January, 2019 passed by the Committee headed by the District Magistrate, Siwan.

3. In the aforesaid circumstances, the limited prayer of the petitioner is that the letter seeking sanction for renewal of contract of the petitioner be responded by the Sub-Divisional Officer, Siwan without any delay, so that a decision with respect to renewal of the contract could be taken at the earliest.

4. Mr. Bipin Bihari Singh, learned Advocate for the petitioner has further submitted that for paucity of sanction, it was only desirable for the Committee headed by the District Magistrate to have awaited such response from the Sub-Divisional Officer, Siwan rather than rejecting the

Patna High Court CWJC No.6075 of 2019 dt.19-04-2019 3/3 renewal of the contract of the petitioner.

5. Under the aforesaid circumstances, this Court deems it appropriate to direct the Sub-Divisional Officer, Siwan, to take a decision regarding the sanction of renewal of contract with the petitioner and communicate the same to the Deputy Collector (Estb.), Siwan, so that necessary decision with respect to renewal of the contract could be taken at the earliest. The whole process be expedited within a period of three weeks from the date of receipt/production of a copy of this order before the Sub-Divisional Officer, Siwan along with a reminder by the petitioner that the letter of the Deputy Collector (Estb.), Siwan, seeking sanction order be responded to immediately after taking a decision in that regard.

6. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.04.2019 Transmission Date N/A