Chandeshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8288 of 2024 ====================================================== 1.
Chandeshwar Prasad Son of Amrit Rai Resident of Village- Satbhaiya, P.S.- Bakhtiyarpur, District- Patna.
2.
Raj Kumar Singh Son of Chandeshwar Mahto, Resident of VillageJamanbigha, P.O.- Khalilabad, P.S.- Nadaul, District- Patna. 3.
Brind Ravidas Son of Kamodar Ravidas, Resident of Village- Nathupur Road, P.O.- Kurthaul, District- Patna.
4.
Vinod Kumar Singh Son Virendra Singh, Resident of Village- Parmarghaty. P Panwar, District- Patna.
5.
Kamlesh Kumar Yadav Son Sudama Yadav, Resident of Village- Rampur Nagwan, P.S Paliganj, District- Patna.
6.
Radheshwar Prasad Son of Nathuni Prasad, Resident of Village- Nawada Simari, P.O. Bahpur, District- Patna.
7.
Pradeep Kumar Son of Guru Prasad Saw, Resident of Village P.O. and P.S. -Pareo, District Patna.
8.
Dinesh Sharma Son of Ram Prasid Sharma, Resident of Village- Lai, P.S. Ramtari Lai District- Patna.
9.
Arvind Kumar Son of Raja Ran Singh, Resident of Village- Naubatpur, P.S.- Amarpura District- Patna.
10.
Sanjay Singh Son of Sukhdeo Mahto, Resident of Village- Karkayan Sahari, P.O.- Karkain, District- Patna.
11.
Ravindra Mahto Son of Rameshwar Mahto, Resident of Village- Rais, P.O.- Bhagwatpur Karmaur, District- Patna.
12.
Lalin Prasad Son of Budhdeo Prasad, Resident of Village Navichak, P.S. Shahjanpur, District- Patna.
13.
Anuj Kumar Son of Arvind Kumar Singh, Resident of Village- Simra, P.S.- Parsa, District- Patna.
14.
Bheemraj Yadav Son of Metar Yadav, Resident of Village and P.O.- Sadweh, P.S. Dulhinbazar, District- Patna.
15.
Abhay Kumar Son of Eishnu Daya Singh, Resident of Village- Lodipur, P.O.- Lakanpur, District- Patna.
16.
Vijay Kumar Son of Ram Ekbal Singh, Resident of Village- Sukulpur, P.O.- Kachidargah, P.S.- Fatuah, District- Patna.
17.
Lalan Prasad Son of Kamla Prasad, Resident of Village- Dumari, P.O.- Dumari, District Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary Department of Panchayati Raj, Government of Bihar, Patna.
2.
The Chairman/ Secretary, Bihar Staff Selection Commission Patna. 3.
The Director, Directorate of Panchayati Raj, Govt. of Bihar Patna.
Patna High Court CWJC No.8288 of 2024(6) dt.18-06-2025 2/3 4.
The Divisional Commissioner, Patna Division, Patna. 5.
The District Magistrate, Patna.
6.
The Deputy Development Commissioner, Patna.
7.
The District Panchayati Raj Officer, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Adv.
Mr. Mayank Mani, Adv.
For the Respondent/s :
Mr. Standing Counsel (25) For the BSSC :
Mr. Harshvardhan Shivsundaram, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 18-06-2025 This petition has been preferred by the petitioners for directing the respondents to make appointment of the petitioners being Dalpatis on the vacant post of Panchayat Sahayak (Secretary) in the district of Patna.
2. Learned counsel for the petitioners submits that the claims of the petitioners were earlier denied by the respondent - State on the ground that at present there is no vacancy on the post of Panchayat Secretary in the district of Patna. Referring to the para no. 5 of the supplementary counter affidavit submitted by the respondent no. 5 to 7 dated 24.02.2025 he further submits that as of now, the respondents have admitted the fact that total 111 post of Panchayat Secretary have been found vacant in the district of Patna. Therefore, it is prayed by the counsel that since 111 post of Panchayat Secretary is already vacant. Therefore, this petition may be disposed of directing the respondents to
Patna High Court CWJC No.8288 of 2024(6) dt.18-06-2025 3/3 consider and decide the claim of the petitioners in the light of the above vacancy as admitted by the respondent-State.
3. The above prayer made by the counsel for the petitioners is not opposed by the counsel for the respondentState.
4. Considering the submissions made by the counsels appearing for both the parties, this petition is disposed of, the concerned respondents are directed to consider and decide the claim of the petitioners for their posting as Panchayat Secretary, taking into consideration the fact as admitted by the respondent - State there is 111 post of Panchayat Secretary still lying vacant in the district of Patna. The above decision should be taken by the respondents as early as possible probably within 90 days of the receipt of copy of Order of this Court.
5. With the aforesaid observation, this petition is disposed of.
(Arvind Singh Chandel , J) Siddharth Soni/- U