Lalit Razak And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10512 of 2016 ====================================================== 1.
Lalit Razak Son of Magan Razak 2.
Sarjan Pasi Son of Madan Pasi 3.
Jalo Razak Son of Jawahar Razak 4.
Bilash Razak Son of Late Jagdeo Razak All are residents of village P.O. Banganw, Block Kahra, District Saharsa.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Director, Jan Siksha, Department of Education, Government of Bihar, Patna.
3.
The District Magistrate, Saharsa.
4.
The District Education Officer, Saharsa.
5.
The District Programme Officer Literacy, Saharsa. 6.
The Block Education Officer, Kahra Saharsa.
7.
The Headmaster, Mauza Lal Sharma Ram Middle School Banganw, Block Kahra District - Saharsa.
8.
The Headmaster, Primary School, Sankhari Bangla Banganw South Block Kahra Distt. - Saharsa.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satender Singh Mr. Subesh Sharma For the Respondent/s :
Mr. Ajeet Kumar, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2024 Heard learned counsel for the parties concerned.
2. The petitioners have filed the present writ application against termination of their services as Tola Sewak and for payment of arrears of honorarium to them.
3. The Tola Sewak is appointed under the scheme on contract basis for one year. The post of Tola Sewak is not
Patna High Court CWJC No.10512 of 2016(3) dt.22-04-2024 2/3 statutory and no recruitment rules are followed for their appointment.
4. A Co-ordinate Bench of this Court in a similar matter of Tola Sewak in CWJC No. 18107 of 2016 has held as follows:- "The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition and has referred to a judgment, dated 17.08.2015, passed by a coordinate Bench of this Court in CWJC No.12390 of 2015 as well as to a judgment dated 02.02.2017 rendered by the learned Division Bench of this Court in L.P.A. No.
2185 of 2015 whereby and whereunder it has been held that since the selection or engagement or hiring of the Tola Sevak is not a permanent appointment under the State, which is required to be considered under Article 226 of the Constitution of India as well as since the post of Tola Sevak is under a scheme, the same does not create any statutory right in favour of the petitioner, hence writ petitions in such matters as that of Tola Sevaks are not maintainable.
Patna High Court CWJC No.10512 of 2016(3) dt.22-04-2024 3/3 the same is dismissed. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law."
5. The order passed by Co-ordinate Bench presided over by Hon'ble Single Judge in the aforesaid writ application has been affirmed by Division Bench holding that writ petition is not maintainable.
6. Taking into consideration the aforesaid judgment of this Court and the fact that Tola Sewak does not hold civil post as well as the same is not a statutory post, I also come to the conclusion the writ application is not maintainable.
7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U