Teresa Murmu And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16930 of 2015 ====================================================== 1.

Teresa Murmu daughter of late Varnavas Murmu, wife of late Bikram Hansda resident of village - Paharpur, P.O. Tin Pahar, Police Station - Taljhari, District - Sahebganj Jharkhand, Lady Extension Officer, Rural Development Department, Government of Bihar, Patna. 2.

Sunita Kumari Sinha daughter of late Prabhash Chandra Sinha, wife of Professor Sushil Chandra Choudhary resident of mohalla - Bhikhanpur, P.O. Police Station - Isakchak, District - Bhagalpur, Lady Extension Officer, Rural Development Department, Government of Bihar, Patna. 3.

Pratibha Ghosh daughter of late Vijay Krishna Ghosh, wife of Dr. Digambar Dani Dutta resident of mohalla P.O. and Police Station - Isakchak, District - Bhagalpur, Lady Extension Officer, Rural Development Department, Government of Bihar, Patna.

4.

Neelam Das daughter of lae Anadi Bhushan Das, Wife of late Dilip Kumar Sinha resident of village Sujapur, P.O. and Police Station Nathnagar, District - Bhagalpur, Lady Extension Officer, Rural Development Department, Government of Bihar, Patna.

5.

Nujhat Sultana daughter of Md. Sayeed Baksh resident of village P.O. Tatarpur, Police Station Tatarpur, District Bhagalpur, Lady Extension Officer, Rural Development Department, Government of Bihar, Patna. 6.

Deena Murmu daughter of Emamubal Murmu resident of village Jambad, Police Station Jambad, District Sahebganj, Lady Extension Officer, Rural Development Department, Government of Bihar, Patna. 7.

Nujahat Jahan daughter of Md. Yunus resident of village P.O. Tatarpur, Police Station Tatarpur, District Bhagalpur, Lady Extension Officer, Rural Development Department, Government of Bihar, Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Commissioner, Self-employment, Rural Development Department, Government of Bihar, Patna.

3.

The Director, Rural Development Department, Government of Bihar, Patna. 4.

The Joint Director Establishment, Rural Development Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Adv.

For the Respondent/s :

Mr. Naman Nayak, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

Patna High Court CWJC No.16930 of 2015(2) dt.15-09-2023 2/3 15-09-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioners for inclusion of their names in Rural Development Service cadre and for providing scale to scale promotion under Rural Development Service Cadre on the suitable higher post as the petitioners are discharging their duties as Lady Extension Officer since 20-30 years, but till date no promotion has been given to them on the higher post.

(ii). For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to promote the petitioners on the higher suitable post Rural Development Service cadre as the petitioners are discharging their duties as Lady Extension Officer since 20-30 years, but no promotion has been given to them whereas in the other departments due promotion has been given to the employees.

(iii), For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to provide full- fledged work to the petitioners Rural Development Department as in the petitioners have been given additional charge.

Patna High Court CWJC No.16930 of 2015(2) dt.15-09-2023 3/3 (iv). For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to dispose of the representation of the petitioner dated Director, 7.11.2014 sent before the Development Department, Bihar, Patna for promotion on the suitable higher post, but till date no positive action has been taken."

2.

At the outset, the learned counsel for the RespondentState submits that the Rural Development Department has already notified the Lady Extension Officer Cadre Rules, 2008, vide memo dated 5.12.2008, wherein it has been clearly mentioned under Rule 5 thereof that no new appointment shall be made in the said cadre and the post will cease to exist immediately, upon the working employees retire from job. Thus, it is submitted that the petitioners do not have any case on merits.

3.

In reply, the learned counsel for the petitioners submits that if that be the case, the present writ petition be disposed off. 4.

Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U