Ranjan Baitha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3881 of 2017 ====================================================== Ranjan Baitha Son of Satya Narayan Baitha, Resident of Village-Hatta, Panchayat-Uttari Mansigha, P.S. Block-Sugauli, District-East Champaran. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Director, Primary Education, Government of Bihar, Patna. 3.
The District Magistrate, East Champaran.
4.
The District Education, Officer, East Champaran. 5.
The District Programme Officer, Establishment, East Champaran. 6.
The District Programme Officer, Literacy, East Champaran. 7.
The Block Development Officer,Sugauli, East Champaran. 8.
The Sanchalan Samiti through its Chairman, Village- Hatta, P.S.-Sugauli, District-East Champaran.
9.
The Headmaster, Nav Srijit Primary School, Hatta Harijan Toli, P.S.- Sugauli, District-East Champara 10.
Jitendra Baitha, Son of Late Bangar baitha, Resident of Village-Hatta, Panchayat-Uttari Mansigha, P.S. Block-Sugauli, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh For the Respondent/s :
Mr. Prabhakar Jha- Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-06-2024
1. Heard learned counsel for the parties concerned.
2. The petitioner has filed the present writ application for directing the concerned authorities to appoint the petitioner on the post of Tola Sevak in Ward No. 1, Village Hatta, Panchayat Uttari Mansingha, Block Sugauli, in the district of East Champaran.
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.3881 of 2017(3) dt.19-06-2024 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. Having regard to the aforesaid judgments rendered by a coordinate Bench of this Court as also by the learned Division Bench of this Court, this Court is of the opinion that the present writ petition is not maintainable, hence the same is dismissed.
Patna High Court CWJC No.3881 of 2017(3) dt.19-06-2024 3/3 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.
8. However, the petitioner is granted liberty to take recourse to such other remedy, as is available under the law. (Anil Kumar Sinha, J) HarshPandey/- U