Jairam Manjhi v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12257 of 2021 ====================================================== 1.

Jairam Manjhi son of Akalu Manjhi resident of village - Suratpur, P.o. - Kotwapatti, Rampur, P.S. - Doriganj, District- Saran (Chapra). 2.

Sunil Kumar Singh son of Jai Kishore Singh resident of village - Dayalchak, P.O. - Kotwapatti, Rampur, P.S. - Doriganj, District- Saran (Chapra) 3.

Priti Devi wife of Ripu Kumar Singh resident of village - Dayalchak, P.O. - Kotwapatti, Rampur, P.S. - Doriganj, District- Saran (Chapra). 4.

Rachana Kumari Wife of Navin Kumar Singh resident of village - Dayalchak, P.O. - Kotwapatti, Rampur, P.S. - Doriganj, District- Saran (Chapra).

5.

Munaini Kumari Wife of Ajay Kumar Paswan resident of village - Kutubpur, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 6.

Priyanka Kumari Wife of Kush Kumar Pandey resident of village - Sabalpur, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 7.

Soni Kumari Wife of Prabhat Kumar Singh resident of village - Kutubpur, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 8.

Indrajeet Kumar Mahto son of Sheonath Mahto resident of village - Chakiya, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 9.

Munna Kumar Ram son of Raghubar Singh resident of village - Dayalchak, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 10.

Dinesh Kumar Ray son of Baijnath Ray resident of village - Chakiya, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 11.

Mahendra Ray son of Ram Janam Ray resident of village - Chakiya, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 12.

Vinay Ray son of Dhananjay Ray resident of village - Chakiya, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 13.

Ganesh Ram Son of Kashi Ram resident of village - Sabalpur, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 14.

Ankit Kumar son of Kishori Ray resident of village - Raipur Bindgawa, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). 15.

Rajesh Kumar son of Sukhdeo Ray resident of village - Raipur Bindgawa, P.O. - Kotwapatti Rampur, P.S. -Doriganj, District- Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, finance Department, Govt. of Bihar, Patna. 3.

The Director Panchayati Raj Department, Govt. of Bihar, Patna. 4.

The District Collector, Saran (Chapra).

5.

The District Panchayatiraj officer, Saran (Chapra).

Patna High Court CWJC No.12257 of 2021(4) dt.30-06-2022 2/3 6.

The District Programme officer, Saran (Chapra). 7.

The Block Development officer, Sadar Chapra, District- Saran (Chapra). 8.

The Block Panchayatraj officer, sadar Chapra, District- Saran (Chapra). 9.

The Panchayat Secretary, Gram Panchayat, Kotwapatti Rampur, Block - Sadar Chapra, P.S. - Doriganj, District- Saran (Chapra). 10.

The Mukhiya Gram Panchayat, Kotwapatti Rampur, Block - Sadar Chapra, P.S. - Doriganj, District- Saran (Chapra).

11.

The Panchayat Secretary, Gram Panchayat Raipur, Bindagawa, Block - Sadar Chapra, P.S. - Doriganj, District- Saran (Chapra). 12.

The Mukhiya Gram panchayat Raipur, Bindagawa, Block - Sadar Chapra, P.S. - Doriganj, District- Saran (Chapra).

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

For the Petitioner/s :

Mr.Maya Shankar Mishra, Advocate For the Respondent/s :

Mr. Manoj Kumar, AC to GP 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-06-2022 The petitioners have approached this Court for issuance of direction upon the respondents to grant remuneration for the work discharged by them as "Anurakshak" under various Gram Panchayats situated in the district of Saran at Chapra.

The learned counsel appearing for the State has referred to the policy of the State Government as contained in resolution dated 22.06.2021, issued by the Panchayati Raj Department, Government of Bihar, Patna to submit that the payment is required to be made according to the said scheme, however since factual aspects are required to be determined i.e. regarding the actual tenure of the petitioners, it would be

Patna High Court CWJC No.12257 of 2021(4) dt.30-06-2022 3/3 appropriate that the matter be remanded to the District Magistrate, Saran at Chapra to consider the individual cases of the petitioners of the aforesaid two cases and pass appropriate orders.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioners to approach the District Magistrate, Saran at Chapra by filing appropriate representations, within a period of four weeks from today and in case, such representations are filed, the District Magistrate, Saran at Chapra shall take appropriate decision by passing a reasoned and a speaking order, within a period of six weeks, thereafter considering the scheme of the Government contained in the aforesaid resolution dated 22.06.2021 and in case, any amount is found payable, the same shall be paid forthwith to the petitioners.

(Mohit Kumar Shah, J) rinkee/- U