Chandrama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.656 of 2021 ====================================================== Chandrama Singh S/o Jagdish Singh R/o Maudihara, P.S.-Kochas, Distt. Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Departmetn 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, Advocate For the Respondent/s :

Ms. Archana Meenakshee, GP 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-01-2022 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 Respondent No. 3, as the same has infringed the fundamental

Patna High Court CWJC No.656 of 2021 dt.17-01-2022 2/2 right of the petitioners conferring under article 14, 16 and 21 of the constitution of India."

3. Short question for consideration is whether petitioner is entitled to be appointed as Panchayat Sevak/Secretary or not in the light of fact that petitioner was holder of Dalpaties post.

4. The competent authority is hereby directed to examine the petitioner's grievance and pass a speaking order and communicate the same to the petitioner within a period of two months from the date of receipt of this order.

5. Accordingly, the present petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 24.01.2022 Transmission Date