Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10295 of 2024 ====================================================== Pravin Kumar, son of Late Tarni Prasad Mandal, resident of Village-Gauripur, P.O.-Safiabad, P.S.-Nayaram Nagar, District-Munger ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Panchayat Raj Department, Patna. 3.

The Additional Chief Secretary, Department of Finance, Bihar, Patna. 4.

The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

5.

The Joint Secretary, Department of Panchayati Raj, Bihar, Patna. 6.

The Deputy Director-cum-Deputy Secretary, Department of Panchayat Raj, Bihar, Patna.

7.

The Divisional Commissioner, Munger Division, Munger. 8.

The District Magistrate, Munger.

9.

The Deputy Development Commissioner, Munger.

10.

The District Panchayat Raj Officer, Munger.

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Respondent/s :

Mr.Standing Counsel 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 10-07-2024 The petitioner was appointed on the post of Dalpati, Indrukh in the district of Munger. Subsequently, on 12th of April, 1999, Panchayat Establishment Selection Committee in its meeting decided that Dalpatis whose educational qualification is matriculation would be selected for the appointment to the post of Panchayat Sevak (Panchayat Secretary) and they would

2/4 be sent for training and thereafter posted in their respective block. The said resolution of the meeting was duly signed by Respondent No. 8 ( District Magistrate, Munger) and circulated vide a memo no. 187 dated 28th of April, 2019. As the petitioner had requisite educational qualification, he was nominated for the training for the post of Panchayat Sevak. After completion of the training, the petitioner along with other Panchayat Sevak gave an application before the Respondent No. 10 (District Panchayat Raj Officer, Munger) to accept their joining on the post of Panchayat Sevak. Subsequently in pursuance to a meeting of the Panchayat Selection Committee dated 1st of December, 2000, the petitioner was provisionally appointed at the pay-scale of Rs. 3200-4900.

2. The grievance of the petitioner is that the respondent authorities did not regularise the service of the petitioner in respect of the period when he and others had been undergoing training of Panchayat Sevak and refused to pay salary in the regular scale of pay of the post of Panchayat Sevak with effect from the date the petitioner was sent for training.

3. After joining, the post of Panchayat Sevak, the petitioner made series of representations being Annexures 4, 5 and 6 to the District Magistrate, Munger but his grievance was

3/4 not meted out.

4. Hence, the instant writ petition.

5. It is submitted by the learned counsel on behalf of the State-Respondents that, in view of the decision by this Court in C.W.J.C. No. 9938 of 2024 (Sridhar Prasad Singh vs. State of Bihar & Ors.) decided on 1st of July, 2024, the petitioner is required to submit a representation before the Principal Secretary, Panchayat Raj Department, Government of Bihar. So the petitioner may be directed to submit a fresh representation before the Respondent No. 2 (Additional Chief Secretary, Panchayat Raj Department, Patna) and the Respondent No. 2 may be directed to dispose of the matter in the light of decision of C.W.J.C. No. 9938 of 2024.

6. In view of such submission made by the learned Advocate on behalf of the State-Respondents, the instant writ petition is disposed of directing the petitioner to submit a representation before the Respondent No. 2 within 15 days from the date of this order making necessary prayer before the Respondent No. 2

7. The Respondent No. 2 is directed to dispose of the said representation, if file, within 60 days from the date of receipt of the said communication in the light of the order

4/4 passed in C.W.J.C. No. 9938 of 2024.

8. The instant writ petition is, accordingly, disposed of.

(Bibek Chaudhuri, J) uttam/- U