Patna High CourtCWJC/6263/2014dismissed

Mahendra Pandit And ANR v. The State Of Bihar And ORS

2015-02-20Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6263 of 2014 ======================================================

1. Mahendra Pandit Son of Late Saryug Pandit Resident of Village and Post Office - Bajpatti, District - Sitamarhi

2. Mahesh Jha Son of Late Shiodutt Jha Resident of Village and Post Office - Narha, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Rural Development Department, Panchayat Raj, Bihar, Patna

3. The Director, Panchayati Raj, Government of Bihar, Patna

4. The Divisional Deputy Director, Panchayati Raj , Government Of Bihar, Patna

5. The District Magistrate, Sitamarhi

6. The Deputy Development Commissioner-Cum-Chief Executive Officer, Sitamarhi

7. The Deputy Development Commissioner-Cum-Chief Executive Officer, Sheohar

8. The Block Development Officer-Cum-Secretary Panchayat Samitee, Pupri, District - Sitamarhi

9. The Zila Parishad, Sitamarhi through Its Secretary

10. The Zila Parishad, Sheohar through Its Secretary .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate.

For the Respondent/s :

Mr. Manoj Kumar Singh, AC to SC 30 For the Zila Parishad :

Mr. Shailendra Kr. Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-02-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioners are admittedly employees of Zila Parishad and their grievance that they worked in Panchayat Samiti for a period of 24 years, will not change the nature of appointment and, therefore, this Court does not find any error in the impugned order passed by the Departmental Secretary holding the petitioners to be the

Patna High Court CWJC No.6263 of 2014 (5) dt.20-02-2015 2/2 employees of Zila Parishad can also liable to repatriate to their original employer, namely, the Zila Parishad. This writ application accordingly fails and is hereby dismissed.

(Mihir Kumar Jha, J) Sujit/- U