Raj Kumar Choudhary v. The State Of Bihar And ORS

Patna High Court CWJC No.13111 of 2010 dt.04-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13111 of 2010 =========================================================== Raj Kumar Choudhary, S/O Late Shiv Choudhary, resident of Bari Khanjarpur, Kathalbari, P.S.- Barari, Dist.- Bhagalpur.

.... .... Petitioner

Versus

1. The State Of Bihar through the Commissioner-Secretary, Human Resources and Development Department, Govt. Of Bihar, Office at New Secretariat, Bailey Road, Patna.

2. The Director, State Project, Bihar Education Project Council, Patna Bihar.

3. The Director, Midday Meal Scheme, Patna, Bihar.

4. The District Magistrate, Bhagalpur.

5. The District Superintendent of Education, Bhagalpur, Dist.-Bhagalpur.

6. The Sub Divisional Officer of Education Bhagalpur (South)-Cum-Office-InCharge, Midday Meal Scheme, Bhagalpur, P.S. & Dist.-Bhagalpur.

7. The Block Development Officer, Pirpainti, Dist.-Bhagalpur.

8. The Block Education Extension Officer, Pirpainti, Dist.-Bhagalpur. .... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Dr.Shashi S. Kishore, Advocate For the Respondent/s : Mr. Rajiv Roy, G.P.-1 Mr. Suresh Kumar, A.C. to G.P.-1 For Respondent Nos. 2 and 3: Mr. Girijesh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 04-04-2018 Heard the parties.

The petitioner was engaged as Block Resources Person (Prakhand Sadhan Sevi). As per the petitioner, he was appointed after crossing all the hurdles of selection and he was deputed in the Pirpainti block.

In paragraph no.5 of the writ petition, it has been stated that the appointment was made as Block Resources Persons for 10

Patna High Court CWJC No.13111 of 2010 dt.04-04-2018 months on contract basis, the same was extended from time to time. But ultimately, when the authority found his work was not upto mark he was served show-cause notice vide letter no.MDM/170 dated 03.05.2010, which has been replied by the petitioner not to the satisfaction of the Sub-Divisional Officer, who was in-charge of Mid-day Meal, accordingly, his engagement was terminated vide order dated 05.06.2010.

The judgment relied upon by learned counsel for the petitioner passed in C.W.J.C.No.12901 of 2010 (Niwas Kumar vs. The State of Bihar and Ors.) does not apply to the facts of the present case.

The petitioner was appointed on contract basis for 10 months in a block and time to time it was extended by the authority. The period of contract has already been elapsed. At the same time the petitioner was not holding a civil post, hence, the writ petition is not maintainable.

Accordingly, this writ petition is dismissed. (Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 11.04.2018 Transmission Date N/A.