Ajeet Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6290 of 2011 ======================================================
1. Ajeet Kumar S/O Mithilesh Sharma R/O Village-Karuta, P.S.- Parasbigha, Distt.-Jehanabad
2. Sunil Kumar S/O Late Ram Lakhan Singh R/O VillageMehandia, P.S.-Mehandia, Distt.-Arwal ... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Chief Secretary Govt. Of Bihar, Patna
3. The Principal Secretary, Agriculture Development Govt. Of Bihar, Patna
4. The Agriculture Production Commissioner, Govt. Of Bihar, Patna
5. The Director Agriculture Govt. Of Bihar, Patna
6. The Deputy Director Of Agriculture (Quality Control) Mithapur, Farm, Patna
7. The Deputy Of Agriculture (Administration) Govt. Of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Sharma For the Respondent/s :
Mr. S.Raza Ahmad Aag9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2018 Heard the learned counsel for the petitioners and the State.
The present writ petition seeks quashing of districtwise advertisement published on 17.08.2010 and 03.07.2010 in the daily newspaper "Hindustan" for appointment of Village Extension Workers/Village Level Workers, as it is against the 1987 Rules framed in that regard, as well as for a further direction to the State Government to make appointments on regular basis against sanctioned vacant posts of Village Extension Workers/Village
2/4 Level Workers by giving due weightage to the trained candidates.
The advertisement was issued about eight years ago and many developments took place in the meanwhile. The Rules of 1987 with regard to appointment of Village Extension Workers/Village Level Workers is sought to be changed. The process is afoot but it has not yet been changed.
The only ground for the petitioners to agitate before this Court is that the advertisement impugned asked for retired persons or persons who had earlier served as Village Level Workers to appear before the committee for being appointed on contractual basis. The petitioners, therefore, had an apprehension and justifiably so that their training for the aforesaid post would go waste. In any view of the matter, the advertisement was never acted upon and now, as has been informed by the learned State counsel, only contractual appointments are being made on the post of Village Extension Workers/Village Level Workers.
3/4 The Rules with respect to the eligibility and the process of appointment are shortly to be changed. It is not very encouraging to hear from the State counsel that even though the change in the Rules was in contemplation for a very long time, Rules have not yet been framed. This Court only expects and hopes that Rules shall be changed shortly and new Rules shall be in place. This would only be in consonance with the Directive Principles of the State Policy of the local-self government and providing employment to the citizens of this country.
This Court also feels very strongly that even though there are candidates available for such posts with requisite training, only part-time employment is being offered on the pretext of formulation of the new Rules with regard to their appointment.
However, no order can now be passed in the present writ petition.
In case, after the formation of the new Rules, if the petitioners are eligible for applying for the post, they may do so and their cases shall be considered with special
4/4 consideration by the State. This is only a pious wish of this Court, keeping in mind that for all these years, the petitioners and their likes have been running from pillar to post for getting employment at the lowest rung of the localgovernment. The Respondent-authorities shall also consider the viability of giving the petitioners relaxation in age, in case they apply under the new Rules for the post of Village Extension Workers/Village Level Workers and due weightage shall be given to the training which has been imparted to them.
With the aforesaid observation, this writ petition stands disposed off.
(Ashutosh Kumar, J) skm/- U