Baidyanath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16661 of 2021 ====================================================== 1.

Baidyanath Sah, Son of Late Ram Bilas Sah, Resident of Ward No. 04, Panchayat, Govindpur-II, Block and Police Station- Mansoorchak, DistrictBegusarai. 2.

Raman Rajak. Son of Late Ram Govind Rajak, Resident of Ward No. 07, Panchayat and Block and Police Station- Mansoorchak, District- Begusarai. 3.

Dev Kumar, Resident of Ward No. 14, Panchayat and Block and Police Station- Mansoorchak, District- Begusarai.

4.

Md. Azad, Son of Late Md. Akhtar, Resident of Ward No. 07, PanchayatBahrampur Block- Mansoorchak, Police Station- Bachhwara, DistrictBegusarai. 5.

Arvind Kumar, Son of Sri Ram Narayan Pandit, Resident of Ward No. 15, Panchayat and Block and Police Station- Mansoorchak, District- Begusarai. 6.

Bam Bam Raman Jha, Son of Late Sri Vishwanath Jha, Resident of Ward No. 03, Panchayat- Govindpur-II, Block and Police Station- Mansoorchak, District- Begusarai.

7.

Kundan Kumar Rajak, Son of Sri Suraj Rajak, Resident of Ward No. 09, Panchayat- Ajhour, Block- Begusarai, Police Station- Chandpura, DistrictBegusarai. 8.

Dharamveer Chaudhary, Son of Sri Suresh Chaudhary, Resident of Ward No. 03, Panchayat- Ajhour, Block- Begusarai, Police Station- Chandpura, District- Begusarai.

9.

Babu Saheb, Son of Sri Nirmal Mahto, Resident of Ward No. 10, PanchayatAjhour, Block- Begusarai, Police Station- Chandpura, District- Begusarai. 10.

Kamal Kishore Prasad, Resident of Ward No. 15, Panchayat- Simaria-II, Block- Barauni, Police Station- Chakia O.P., District- Begusarai. 11.

Raj, Son of Sri Bhuneshwar Prasad Yadav Resident of Ward No. 12, Panchayat- Simaria-II, Block- Barauni, Police Station- Chakia O.P., DistrictBegusarai. 12.

Karamshil Yadav, Son of Sri Bisuni Yadav Resident of Ward No. 09, Panchayat- Simaria-II, Block- Barauni, Police Station- Chakia O.P., DistrictBegusarai. 13.

Nilesh Kumar, Son of Late Sri Nigam Narayan Singh, Resident of Ward No. 02, Panchayat- Matihani-II, Block and Police Station- Matihani, DistrictBegusarai. 14.

Purshottam Kumar, Resident of Ward No. 08, Panchayat- Panchamba, Block- Begusarai, Police Station- Muffasil, District- Begusarai. 15.

Sonu Kumar, Son of Sri Indradev Sahni, Panchayat- Simaria-II, BlockBegusarai, Police Station- Chandpura, District- Begusarai. 16.

Rupesh Kumar, Resident of Ward No. 05, Panchayat- Ajhour, BlockBegusarai, Police Station- Chandpura, District- Begusarai. 17.

Sanjay Kumar Paswan, Son of Sri Mahadev Paswan, Resident of Ward No. 02, Panchayat- Ajhour, Block- Begusarai, Police Station-

2/6 Chandpura,20212021 District- Begusarai.

18.

Viveka Nand Chaudhary, Resident of Ward No. 06, Panchayat- GovindpurII, Block and Police Station- Mansoorchak, District- Begusarai. 19.

Sri Nivas Sahni, Resident of Ward No. 12, Panchayat- Sonapur, Block and Police Station- Matihani, District- Begusarai. 20.

Siyaram Yadav, Resident of Ward No. 10, Panchayat- Khambar, BlockBegusarai, Police Station- Muffasil, District- Begusarai. 21.

Uttam Kumar, Son of Sri Jay Krishna Singh, Resident of Ward No. 04, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

22.

Sumant Kumar, Son of Sri Dhirendra Yadav, Resident of Ward No. 07, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

23.

Ranjeet Kumar Yadav, Son of Sri Ramjee Prasad Yadav, Resident of Ward No. 11, Panchayat- Paramanandpur, Block and Police StationShambhuganj, District- Banka. 24.

Adhiklal Yadav, Son of Sri Ramdhari Yadav, Resident of Ward No. 13, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

25.

Jitendra Paswan, Resident of Ward No. 12, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka. 26.

Sanjeet Kumar, Son of Sri Virendra Choudhary, Resident of Ward No. 09, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

27.

Rina Kumar, Son of Sri Shambhu Kumar Singh, Resident of Ward No. 05, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

28.

Niranjan Kumar Yadav, Son of Sri Radhey Shyam Yadav, Resident of Ward No. 08, Panchayat- Paramanandpur, Block and Police StationShambhuganj, District- Banka. 29.

Guddu Kumar, Son of Sri Kapildev Mandal Resident of Ward No. 03, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

30.

Guriya Devi Daughter of Sri Pradeep Pandey Resident of Ward No. 10, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

31.

Mahesh Paswan Son of Sri Dhaneshwar Paswan Resident of Ward No. 02, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

32.

Amarjeet Kumar Son of Sri Birendra Kumar Singh Resident of Ward No. 02, Panchayat- Paramanandpur, Block and Police Station- Shambhuganj, District- Banka.

33.

Rina Devi Wife of Sri Sunil Yadav Resident of Ward No. 04, PanchayatBharatsheela, Block and Police Station- Shambhuganj, District- Banka. 34.

Bhavesh Kumar Yadav Son of Shiv Prasad Yadav Resident of Ward No. 07,

3/6 Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 35.

Chandan Yadav Son of Sri Kariman Yadav Resident of Ward No. 09, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 36.

Nisha Kumari, Wife of Hemant Kumar Singh Resident of Ward No. 06, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 37.

Parikshit Kumar Yadav, Son of Sri Tarani Prasad Yadav Resident of Ward No. 13, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, District- Banka.

38.

Ankush Kumar, Son of Jaldhar Choudhary Resident of Ward No. 08, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 39.

Mukesh Kumar Rai, Son of Sri Arun Kumar Rai Resident of Ward No. 14, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 40.

Rekha Kumari, Wife of Sri Nand Kumar Resident of Ward No. 05, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 41.

Sindhu Kumari, Wife of Sri Mithlesh Mandal Resident of Ward No. 07, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 42.

Bhupal Kumar, Son of Sri Sudhir Mandal Resident of Ward No. 12, Panchayat- Bharatsheela, Block and Police Station- Shambhuganj, DistrictBanka. 43.

Sudama Devi Wife of Ranjit Panjiyara Resident of Ward No. 10, PanchayatBharatsheela, Block and Police Station- Shambhuganj, District- Banka. 44.

Naresh Kumar Singh Son of Sri Bisheshwar Singh Resident of Ward No. 05, Panchayat- Jhukulia, Block and Police Station- Belhar, District- Banka. 45.

Pradeep Kumar Son of Sri Mahendra Resident of Ward No. 08, PanchayatKusmar, Block and Police Station- Sangrampur, District- Munger. 46.

Uday Kumar Singh Son of Sri Naresh Singh Resident of Ward No. 11, Panchayat- Jhikuli, Block and Police Station- Sangrampur, District- Munger. 47.

Bipin Kumar Son of Sri Bhuneshwar Mandal Resident of Ward No. 12, Panchayat- Manikpur, Block and Police Station- Tarapur, District- Munger. 48.

Javeer Hussain Son of Md. Abdul Kayum Resident of Ward No., Police Station- Tarapur, District- Munger.

49.

Shambhu Kumar, Son of Sri Chandra Kant Mandal Resident of BlockKhrakpur, Police Station- Phrakpurpur, District- Munger. 50.

Devendu Kumar Son of Sri Sarbjeet Kumar Singh Resident of Police Station- Gangta, District- Munger.

51.

Mausmi Devi Wife of Sri Ranjan Prasad Singh Resident of Police StationGangta, District- Munger.

4/6 52.

Rajeev Kumar Singh Son of Kanhaiya Prasad Singh Resident of Ward No. 10, Panchayat- Banhara, Block- Tetiya Bambar, Police Station- Gangta, District- Munger.

53.

Vidya Sagar, Son of Sri Visundev Sah Resident of Ward No. 06, PanchayatNuradi, Block- Haveli Kharagpur, Police Station- Sandalpur, DistrictMunger. 54.

Manisha Bharti, Wife of Rajesh Das, Resident of Ward No. 12, PanchayatBanhara, Block- Tetiya Bambar, Police Station- Gangta, District- Munger. 55.

Rubi Devi Wife of Dharmveer Yadav Resident of Ward No. 05, PanchayatMurado, Block- Haveli Kharagpur, District- Munger. 56.

Md. Furkan Ansari Son of Md. Mahboob Ansari Resident of Ward No. 10, Panchayat- Dabua, Block and Police Station- Bounsi, District- Banka. 57.

Md. Khalid Ansari, Son of Md. Sajjad Ansari Resident of Panchayat- Dabua, Block and Police Station- Bounsi, District- Banka. 58.

Bandna Kumari Wife of Ranjay Tanti Resident of Ward No. 01, PanchayatMurado, Block and Police Station- Haveli Kharagpur, District- Munger. 59.

Sumitra Devi Wife of Avad Kishor Singh Resident of Ward No. 02, Panchayat- Maldih, Block- Shambhuganj, District- Banka. 60.

Ankaj Kumar Son of Ashok Prasad Singh Resident of Ward No. 03, Panchayat- Maldih, Block- Shambhuganj, District- Banka. 61.

Sangita Kumari Wife of Sunil Singh Resident of Ward No. 11, PanchayatMaldih, Block- Shambhuganj, District- Banka. 62.

Dilip Kumar, Son of Vidya Prasad Resident of Ward No. 01, PanchayatMaldih, Block- Shambhuganj, District- Banka. 63.

Bipin Kumar Bihari, Son of Narsing Prasad Singh Resident of Ward No. 05, Panchayat- Maldih, Block- Shambhuganj, District- Banka. 64.

Uttam Kumar, Son of Pradip Kumar Singh Resident of Ward No. 07, Panchayat- Maldih, Block- Shambhuganj, District- Banka. 65.

Akhilesh Kumar Singh Son of Madhab Prasad Singh Resident of Ward No. 06, Panchayat- Maldih, Block- Shambhuganj, District- Banka. 66.

Ratneshwar Singh, Son of Ranjeet Prasad Singh Resident of Ward No. 09, Panchayat- Maldih, Block- Shambhuganj, District- Banka. 67.

Muthun Paswan, Son of Buteri Paswan Resident of Ward No. 10, PanchayatMaldih, Block- Shambhuganj, District- Banka. 68.

Jay Kishor Yadav, Son of Ravindra Yadav Resident of Ward No. 06, Panchayat- Paramanandpur, Block- Shambhuganj, District- Banka. 69.

Santosh Kumar Tudu, Son of Bishu Tudu Resident of Ward No. 10, Panchayat- Murodo, Block- Haveli Kharagpur, District- Munger. 70.

Rahul Kumar ,Son of Drogee Paswan Resident of Ward No. 11, PanchayatMuroda, Block- Haveli Kharagpur, District- Munger. 71.

Deepak Kumar Rai, Son of Sri Sita Ram Rai, Resident of Ward No. 08, Panchayat- Govindpur-II, Block- Mansoorchak, Police Station- Bachhwara, District- Begusarai.

5/6 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Panchayat Raj Department, Bihar, Patna. 4.

The Additional Secretary, Government of Bihar, Panchayat Raj Department, Bihar, Patna.

5.

The Joint Secretary, Government of Bihar, Panchayat Raj Department, Bihar, Patna.

6.

The Deputy Secretary, Government of Bihar, Patna, Panchayati Raj Department, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyam Shivam Sundram, Advocate Mr.Bipin Kumar, Advocate Mr. Raghubir Chaudhary, Advocate For the Respondent/s :

Mr. Pratik Kumar Sinha, A.C. to G.A.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 09-05-2022 The petitioners in the present writ applications are Ward Secretaries of different Wards of different Gram Panchayats in the districts of Munger and Banka. They have approached this Court seeking direction, inter alia, to pay them salaries and emoluments for holding the posts of Ward Secretaries.

An identical issue has already been decided by a Division Bench of this Court by an order dated 21.03.2022 passed in CWJC No.2538 of 2021, wherein the same claim made by other Ward Secretaries has been rejected by this Court.

6/6 In such view of the matter, the claim which the petitioners has raised in the present writ application is not tenable. This application is accordingly dismissed. (Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U