Sanjay Kumar Singh v. The Zila Parishad And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23684 of 2013 ====================================================== Sanjay Kumar Singh Son Of Sri Uday Pratap Singh R/O Village - Vishunpura, P.O. Bhagwanpur Via Parsa, P.S. Parsa, District - Chapra Saran ... ... Petitioner/s
Versus
1.
The Zila Parishad, Chapra.
2.
The Chairman, Zila Parishad Chapra, District - Chapra 3.
The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad, Chapra, District - 4.
The Director Account Administration (DRDA), Chapra, District - Chapra 5.
District Information Science Officer, Chapra, District - Chapra 6.
District Program Officer, Primary Education And Literacy Chapra, District - Chapra 7.
Mehnaz Khatoon, Ex - Chairman, Chapra Zila Parishad, District - Chapra 8.
Md. Nurul Haque Son Of Md. Kashim R/O Village - Shankar Dih, P.O. P.S. Parsa, District - Chapra 9.
The Principal Secretary, Department of Education, Government of Bihar, Patna 10.
The Regional Deputy Director of Education, Saran Division, Chapra. 11.
The District Education Officer, Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Tiwary, Advocate For the Respondent/s :
Mr. Arvind Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 21-07-2026 Heard the parties.
2. Initially, the writ petition was filed for setting aside the letter No. 79 dated 15.09.2011, issued by the District Education Officer, Saran by which the respondent no.8 was appointed as a Chief Convener of Literacy India Programme,
2/6 2012 under Saran District and for further direction to the concerned respondents to appointment the petitioner as Chief Convener for Literacy India Programme, 2012 under Saran District as he was the most suitable candidate amongst the others, who had applied for the said post. Subsequently, an interlocutory application bearing I.A. No. 01 of 2015 (8257 of 2015) was filed and vide order dated 22.09.2025 passed by a learned Co-ordinate Bench of this Court, I.A. No. 01 of 2015 (8257 of 2015) was disposed of as not pressed. An I.A. bearing I.A. No. 02 of 2016 (697 of 2016) was also filed wherein certain prayers were made, to be incorporated in the prayer portation of the main writ petition. So far prayers made in I.A. No.
02 of 2016 (697 of 2016) are concerned, only prayer made in paragraph 1(v) was allowed and the same was made as part and parcel of the writ petition. The same is quoted hereinbelow:- "1.(v) For necessary direction upon the respondent authorities to pay the salary and other allowances admissible to the Petitioner from September, 2011, i.e., when the respondents appointed respondent No.8 illegally ignoring the claim of the Petitioner. Alternatively, the respondents may be directed to pay the entire salary and allowances admissible to the Petitioner at least from the date of removal of respondent No.8, i.e.
3/6 14-08- 2015, i.e., the date on which the Tribunal passed the order in favour of the Petitioner but the Petitioner was not appointed due to malafide intention of the then District Programme Officer (Literacy), Saran, Chapra."
3. Subsequently, during pendency of the writ petition, the prayers made in the writ petition become infructuous and only with regard to the prayer made in Paragraph No. 1(v) of I.A. No. 02 of 2016 (697 of 2016), the respondent authorities were directed to file a counter affidavit.
4. Today when the matter has been called out, the learned counsel for the petitioner, by referring to Memo No. 190 dated 26.11.2014, issued under the signature of the Director, Mass Education-cum-Secretary, Bihar State Literacy Mission Authority, Patna submits that a committee was constituted at the level of the authority and in terms of the report submitted by the committee, by letter No. 1478 dated 14.08.2025, issued under the signature of the Director, Mass Education-Cum-Secretary, Bihar State Literacy Mission Authority, addressed to the District Programme Officer (Literacy), Saran, it was directed that keeping in view the case of the petitioner, since he fulfills all the requisite criteria, permission is being accorded for his selection on the post of Chief Programme Coordinator-Cum-Secretary for
4/6 the district of Saran. He submits that even then, the petitioner was not appointed and subsequently, he was appointed w.e.f. 15.01.2016 and since for the inaction on the part of the respondent authorities, the petitioner was denied appointment w.e.f. 14.08.2015, he is entitled for salary from 14.08.2015 to 14.01.2016.
5. In terms of the orders passed by this Court on 23.06.2026 and 07.07.2026, a counter affidavit has been filed on behalf of the respondent no.6, wherein it has been stated that in terms of the orders passed by the Tribunal, a meeting of the Selection Committee of the Literacy Mission was held on 09.01.2016 and it was decided by the Committee to appoint the petitioner as Chief Convener for Literacy India Programme. In terms of the decision taken by the Selection Committee, the petitioner was issued appointment letter. The petitioner was appointed w.e.f 15.01.2016 vide appointment letter dated 13.01.2016. It has further been stated that in view of letter dated 09.10.2018, issued by the Director, Mass Education, it was informed that the Government of India had not extended the duration of the Shakshar Bharat (Central Government Sponsored) Programme, the Scheme stood discontinued w.e.f. 31.03.2018 and since the scheme was discontinued, instructions
5/6 were issued to the employees concerned to hand over the charge and submit their respective claims for payment of any outstanding honorarium for the period they had actually worked. The petitioner submitted his claim for the period 15.01.2016 to 31.03.2018 to the tune of Rs. 1,42,500/-. After examining the claim of the petitioner, he was paid Rs. 1,28,250/- vide cheque No. 060054 dated 03.07.2020 and Rs. 14,250/- through cheque No. 065937 dated 24.01.2022. The amount stated above were credited in the bank account of the petitioner bearing Account No. 10369169656 in the State Bank of India.
6. From the counter affidavit filed on behalf of the State-respondents, this Court is satisfied that pursuant to the directions given by the Director, Mass Education, Bihar State Literacy Mission Authority, Patna dated 14.08.2015, the meeting of the Selection Committee was held on 09.01.2016 and pursuant thereto, the appointment letter was issued to the petitioner on 13.01.2016, therefore there is no infirmity in issuance of the appointment letter and accordingly, the petitioner was appointed on 15.01.2016. After discontinuance of the programme, the petitioner submitted his bills for the period 15.01.2016 to 31.03.2018 and the same has been paid to the petitioner, after due verification by the respondent authorities.
6/6
7. Accordingly, this Court finds no merit in the present writ petition, in view of the subsequent developments and the same is dismissed.
(Ritesh Kumar, J) AjayMishra/- U