Nagendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13180 of 2019 ====================================================== 1.
Nagendra Kumar Yadav S/o Ram Prakash Yadav R/o Village-Kavaria Mushiri, P.O.-Kavaria, P.S.-Saddan, Darbhanga, District-Darbhanga 2.
Rishikesh Kumar Das S/o Raj Kumar Das R/o Village-Chotai Patti, P.O.- Chotai Patti, P.S.-Saddari, District-Darbhanga 3.
Manikesh Kumar S/o Raj Kumar Das R/o Village-Chotai Patti, P.O.-Chotai Patti, P.S.-Saddari, District-Darbhanga 4.
Sanjeev Kumar Mishra S/o Jatta Mishra R/o Village-Sov Paatti, P.O.-Chotai Patti, P.S.-APM, Darbhanga, District-Darbhanga 5.
Rahul Ranjan S/o Shree Chandeswar Prasad R/o Village-Gedan Gunj, P.O.- Laheriasarai, P.S.-Bahadurpur, District-Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Principle Secretary Planning and Development Department, Government of Bihar 3.
The Principle Secretary Co-operative Department, Government of Bihar 4.
The Director Department of Planning and Development (Directorate of Economics and Statistics), Government of Bihar 5.
The Project Director Economics and Statistics under Planning and Development Government of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate Mr. Ravi Prakash Dwivedi For the Respondent/s :
Mr. Harish Kumar (GP-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-07-2019 Heard the learned advocate for the petitioners and the State.
2. The petitioners were appointed as Accredited
2/4 Statistical Volunteers to serve the State of Bihar. The aforesaid appointments were made after an advertisement and the petitioners having passed a written examination which was held by the respondents. However, later, a Cabinet decision was taken for discontinuance of the project involving the services of Accredited Statistical Volunteers.
3. The petitioners, who are enlisted Accredited Statistical Volunteers, have approached this Court challenging the decision of the government in terminating the project in its entirety.
4. A Bench of this Court had the occasion to scrutinize the decision of the Cabinet in terminating the project involving the work of Accredited Statistical Volunteers, which arrived at the view that no interference could be made with the Cabinet resolution or with the order of the Planning Department to dispense with the aforesaid project.
5. However, the petitioners before the Court in
3/4 the aforesaid case, namely, C.W.J.C. No. 11550 of 2016, were given the liberty to approach the government whenever the State felt the need for the services of Accredited Statistical Volunteers and in that event, it was expected that the weightage to the claim of the erstwhile enlisted Accredited Statistical Volunteers would be given. The challenge to the aforesaid order of the learned Single Judge passed in C.W.J.C. No. 11550 of 2016 could not be sustained in L.P.A. No. 5351 of 2017.
6. Thus, no direction can be issued in the present writ petition, except for observing that in case the government, at any future date, feels the necessity of reviving the project where the need of such Accredited Statistical Volunteers would be felt, it would be open for the petitioners to apply and in such eventuality, they shall be given weightage over others in appointment.
7. With the aforesaid observation/direction, the
4/4 petition stands disposed of.
(Ashutosh Kumar, J) Shageer/- U