Sanjeev Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13504 of 2008 ======================================================

1. Sanjeev Kumar Son of Sri Raghuraj Prasad, resident of Village-Patauha, P.S. Paliganj, District - Patna.

2. Rajiv Kumar @ Rajiv Kumar Sharma, Son of Sri Yogendra Sharma, resident of Village - Birpur, P.O. Nagwa, P.S. District - Bhojpur.

3. Rajiv Kumar Shrivastava Son of Sri Narendra Prasad, resident of East Daliyawan, Jagdamba Road, Chapra, P.S.- Chapra Town, District- Saran.

4. Ravi Prakash Son of Sri Rajendra Pd. Shrivastava, resident of Village - Olipur, P.O. Khwajpur, P.S. Yadopur, District - Saran.

5. Subodh Kumar Son of Sri Janardan Prasad, resident of Rajendra nagar, Khagaria, P.O. Koshi College, Khagaria, P.S. Chitragupta Nagar, District - Khagaria.

6. Dilip Thakur Son of Sri Chandradee Thakur, resident of Village-Machaha, P.O. Ulawn, P.S. Singhaul, District-Begusarai.

7. S. Tanweer Ahmad, Son of S. Ahmad Hussain, resident of Mohalla - Mandi Keshwar Khan, P.O. & P. S. Sasaram, District - Rohtas.

8. Kumar Ravi Son of Late Ram Krishan Mahasete, resident of Village & P.O. Bhauara, P.S. and District - Madhubani.

9. Shiv Kumar Son of Ranjit Sah, resident of At Vishnupur Dak Bunglow Campus, P.S. Town District - Begusarai.

10. Bishnu Paswan Son of Sri Rajaram Paswan, resident of Village & P.O. Taralahi, P.S. Bahadurpur, District - Darbhanga

11. Aasotosh Prasad Son of Sri Babu Lal Prasad, resident of Village & P.O. Pachlakhi, P.S. Nawtan, District - Siwan.

12. Bishnuchit Ojha Son of Sri Raghaw Ojha, resident of Village - Patina, P.O. Sidhipur, P.S. Paliganj, District - Patna.

13. Niranjan Kumar Pandit Son of Sri Mohan Pandit, resident of Village Bramwar, P.O. Tetiya Bamwar, P.S. Tetiya Banwar, District - Munger.

14. Ashish Sinha Son of Sri Jay Narain Sinha, resident of Chitragupta Nagar, Kaystha Tola, Ward No.21, Saharsa, P.S. & Distt. Saharsa.

15. Nagendra Kumar Son of Late Jawahar Kumar, resident of Village & P.O. Dumri, P.S. Simri, District - Buxar

16. Nawnidhi Singh Son of Late Gaya Singh, resident of Sahebganj, Butan Bari, Chapra, P.S. Chapra Town, District - Saran.

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17. Abhinav Kumar Son of Sri Ram Pukar Jha, resident of Musapur Dih, Gali No.2, Samastipur, P.S. Mufassil, District - Samastipur.

18. Sunil Kumar Son of Late Rameshwar Ram, resident of Tari Paschim Tola, Ara, P.S. Ara Town, District - Bhojpur.

19. Sudhir Kumar Sinha Son of Late Kaushal Pd. Sinha, resident of Bhagwanpur Chakreku, Jai Prakash Nagar, Dalsingh Sarai, Ward No.5, P.S. Dalsingh Sarai, District - Samatipur.

... Petitioners

Versus

1. The State of Bihar

2. The Commissioner-cum-Secretary, Finance Department, Government of Bihar, Patna.

3. The Director, Provident Fund Directorate, Finance Department, Govt. of Bihar, Patna.

4. The Deputy Commissioner, Finance Department, Government of Bihar, Patna

5. Joint Commissioner, Accounts Administration, Finance Department, Govt. of Bihar, Patna

6. Additional Finance Commissioner (Resources), Finance Department, Govt. of Bihar, Patna.

7. The Senior System Analys & Project Coordinator, Govt. of India, Ministry of Information Technology, national Informatics Centre (Bihar State Unit), 3rd Floor Technology Bhawan, Bailey Road, Patna-800015

8. The District Magistrate, Bojpur at Ara.

9. The District Magistrate, Saran at Chapra.

10. District Magistrate, Gopalganj.

11. The District Magistrate, Khagaria

12. District Magistrate, Patna

13. The District Magistrate, Rohtas

14. The District Magistrate, Begusarai.

15. The District Magistrate, Buxar

16. The District Magistrate, Munger.

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17. The District Magistrate, Siwan

18. The District Magistrate, Madhepura

19. The District Magistrate, Samastipur

20. The District Magistrate, Saharsa

21. The District Magistrate, Bhagalpur

22. The District Magistrate, Madhubani

23. The District Magistrate, Kaimur at Bhabhua

24. The District Provident Fund Officer, Bhojpur

25. The District Provident Fund Officer, Saran

26. The District Provident Fund Officer, Gopalganj

27. The District Provident Fund Officer, Khagaria

28. The District Provident Fund Officer, Patna

29. The District Provident Fund Officer, Rohtas

30. The District Provident Fund Officer, Begusarai

31. The District Provident Fund Officer, Buxar

32. The District Provident Fund Officer, Munger.

33. The District Provident Fund Officer,, Siwan

34. The District Provident Fund Officer,, Madhepura

35. The District Provident Fund Officer, Samastipur

36. The District Provident Fund Officer, Saharsa

37. The District Provident Fund Officer, Bhagalpur

38. The District Provident Fund Officer, Madhubani

39. The District Provident Fund Officer, Kaimur at Bhabhua

40. The District Provident Fund Officer, Bhojpur at Ara

41. The District Treasury Officer, Saran at Chapra

42. The District Treasury Officer, Gopalganj

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43. The District Treasury Officer, Khagaria

44. The District Treasury Officer, Patna

45. The District Treasury Officer, Rohtas at Sasaram

46. The District Treasury Officer, Begusarai

47. The District Treasury Officer, Buxar

48. The District Treasury Officer, Munger

49. The District Treasury Officer, Siwan

50. The District Treasury Officer, Siwan

51. The District Treasury Officer, Madhepura

52. The District Treasury Officer, Samastipur

53. The District Sub-Registry Officer, Dalsinghsarai District - Samastipur

54. The District Sub-Registry Officer, Saharsa

55. The District Sub-Registry Officer, Bhagalpur

56. The District Sub-Registry Officer, Madhubani

...Respondents

====================================================== Appearance :

For the Petitioner/s :

Mr. Navin Prasad Singh, Advocate Mr. Narayan Singh, Advocate For the Respondent/s :

Dr. Anand Kumar, A.C. to A.A.G-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 14-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners have been engaged as Data Entry Operator in the different districts of the State. The Government has taken the help of N.I.C. and subsequently the BELTRON, they used to hire Data Entry Operators from the

5/5 private players and on that basis from time to time the petitioners were engaged for the work of Data Entry Operators. The petitioners were not appointed but they were engaged. As per the terms of the contract, the State used to make payment to BELTRON or its agency or N.I.C, in turn, private players used to get payment. In such circumstance, the petitioners cannot claim any right over the State. This Court directs, whenever there will be regular appointment of Data Entry Operator and if the petitioners apply for the same, the respondents will as possible as grant the relaxation of age. While making the appointment, the working experience of these petitioners will also be taken into consideration.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 06.06.2018 Transmission Date N/A