Sanni Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16492 of 2017 ====================================================== Sanni Kumar S/o Janardan Rajak, R/o Village- Jariganwa, P.O.- Karhansi, P.S.- Buxar M, District- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director , Primary Education, Government of Bihar. 4.

The Collector , Buxar, 5.

The District Education Officer, Buxar.

6.

The District Programme Officer, R.M.S. Prashikchhan and Sakchharta, Buxar.

7.

The Block Education Officer, R.M.S. Prashikchhan and Sakchharta, Buxar. 8.

The Head Master, Upgraded Middle School Jariganwa, Block- Buxar, District- Buxar.

9.

Officer Incharge, P.S.- Buxar M Buxar.

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

For the Petitioner/s :

Mr.Anirudh Mishra For the Respondent/s :

Mr.Prabhakar Jha -Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2024 Heard learned Counsel for the parties concerned.

2. The petitioner, who was the Tola Sewak, has filed the present writ application for quashing the letter nos. 3 and 4, dated 04.09.2017 and 09.10.2017, respectively, by which the petitioner has been asked to deposit the entire amount taken by him during the service period as Tola Sewak, and deposit the same in the account of Akshar Anchal Yojana.

3. The Tola Sewak is appointed under the scheme on

Patna High Court CWJC No.16492 of 2017(4) dt.17-05-2024 2/3 contract basis for one year. The post of Tola Sewak is not statutory and no recruitment rules are followed for their appointment.

4. A coordinate Bench of this Court, in the 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 co-ordinate 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.16492 of 2017(4) dt.17-05-2024 3/3 not maintainable, hence 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 the co-ordinate Bench presided over by Hon'ble Single Judge in the aforesaid writ application has been affirmed by a Division Bench of this Court, holding that the 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 that the writ application is not maintainable.

7. This application is, accordingly, dismissed.

8. However, liberty is granted to the petitioner to take recourse to such other remedies as are available under the law (Anil Kumar Sinha, J.) Prabhakar Anand/- U √