Anil Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10794 of 2020 ====================================================== Anil Kumar Chaudhary Son of Ram Sagar Chaudhary Resident of VillageBharkot, P.S.- Nasriganj, Distt- Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.

3.

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

Bihar Staff Selection Commission, Patna through its Secretary. 5.

The Chairman, Bihar Staff Selection Commission, Patna. 6.

The Secretary, Bihar Staff Selection Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dineshwar Mishra For the Respondent/s :

Mr. Kameshwar Kumar Gupta, GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this is an application of issuance of appropriate writ (s), order (s) or direction commanding the Respondents No. 3 appoint the petitioner on the post of Panchayat Sevak/Secretary for which he is entitled to being Dalpaties and ignoring his valid claim, fresh step has been taken by the respondents to fill up the posts of Panchayat Secretary by the Secretary, Bihar Staff Selection Commission, Patna, which has caused serious prejudice to the petitioner and also for quashing of the order dated 31.01.2020 passed by the Respondent No. 3, as the same has infringed the fundamental

Patna High Court CWJC No.10794 of 2020 dt.12-01-2022 2/2 right of the petitioners conferred under article 14, 16 and 21 of the constitution of India."

3. Short question for consideration in the present petition is whether such of those Dalpaties worked with the RespondentDepartment are entitled to be appointed as Panchayat Sevak/Secretary or not? Such a decision shall be taken by the concerned Respondent in passing a speaking order. The above exercise shall be completed within a period of four months from the date of receipt of this order.

4. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date