Sanjeev Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6699 of 2025 ====================================================== Sanjeev Kumar Mishra S/o Sri Ram Kumar Mishra, R/o Village- Barbatta, P.S.- Musarigharari, District - Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
2.
The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The Director, Panchayati Raj Department, Government of Bihar, Patna. 4.
The District Magistrate, Samastipur, District- Samastipur. 5.
The District Panchayati Raj Officer, Samastipur, District- Samastipur. 6.
The Block Development Officer, Sarairanjan, District -Samastipur. 7.
The Block Panchayati Raj Officer, Sarairanjan, District Samastipur. 8.
The Sarpanch, Gram Panchayati Raj, Barbnbatta, P.S.- Musarigharari, Block- Sarairanjan, District- Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar, Advocate For the Respondent/s :
Mr.Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-08-2025 Heard the parties.
2. The petitioner has approached this Court seeking a direction upon the concerned respondents to extend the weightage points to the petitioner for his past services rendered on the post of Nyaymitra from 10.01.2008 to 31.03.2021 at Gram Panchayat Raj - Sarairanjan East, Block Sarairanjan, District Samastipur against the fresh appointment of Nyaymitra for which selection process came to be started in the light of the letter contained in file No. 1419, dated 24.01.2025 issued under
Patna High Court CWJC No.6699 of 2025(2) dt.07-08-2025 2/3 the signature of Director, Panchayati Raj Development, Government of Bihar, Patna. In addition to the aforesaid relief, the petitioner also prayed for a direction to the respondents to make payment of arrears of remuneration for the work done by the petitioner on the post of Nyaymitra from April 2021 till the appointment of new incumbent.
3. Learned Government Pleader No. 27 at the outset opposing the prayer of the petitioner has contended that there is no provision prescribed in the rules and regulations regulating the selection process of Nyaymitra to extend the benefit of weightage points in fresh appointment of Nyaymitra. Thus the claim of the petitioner is not based upon any statutory rules and regulations. He further submits that so far the grievance of the petitioner with respect to his due remuneration is concerned, he may approach the authority concerned and in case any remuneration is found due, the same shall be paid to the petitioner, in accordance with law.
4. Considering the submissions setforth by the learned Advocates for the respective parties and the stand of the learned government pleader no. 27, this Court, prima facie, does not find any merit with respect to the relief regarding weightage is concerned. However with respect to remuneration, the petitioner
Patna High Court CWJC No.6699 of 2025(2) dt.07-08-2025 3/3 shall be at liberty to approach the authorities concerned; in case such a representation is filed preferably within a period of two weeks from today, the Block Development Officer, Sarairanjan, Samastipur shall consider the representation and pass a reasoned order preferably within a further period of eight weeks.
5. Suffice it to observe in case claim of the petitioner finds favour with respect to the remuneration, the same shall be paid within the aforesaid period.
6. This disposes the writ petition.
(Harish Kumar, J) amitkr/- U