Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1275 of 2019 In Civil Writ Jurisdiction Case No.16584 of 2019 ====================================================== 1.

Alok Kumar Son of Late Radheshyam Prasad, Village-Mathiya Rashulpur, P.O.-Puraina, P.S.-Sanichari, District-West Champaran. 2.

Janardan Prasad, Son of Late Nathuni Prasad, Resident of Village-Ahwar Shekh, P.O.-Ahwar Shekh, Alamganj Bazar, P.S.-Majhauliya, District-West Champaran.

3.

Sudhir Kumar Rai, Son of Rajendra Rai, Resident of Village-Barnaiya Raja Ram, P.O.-Dheswa, P.S.-Gopalpur, District-Gopalganj. 4.

Santosh Kumar, Son of Late Ramnarayan Das, Resident of VillageBarharwa, P.O.-Bahurupia, P.S.-Turkaulia, District-East Champaran. 5.

Anil Kumar Thakur, Son of Rupnarayan Thakur, Resident of VillageBijulpur, P.O.-Chainpur, P.S.-Turkauliya, District-East Champaran (Motihari).

6.

Kedar Sahani, Son of Late Shivdhar Sahni, Resident of Village-Saphi, P.O.- Saphi, P.S.-Turkauliya, District-East Champaran (Motihari). 7.

Manoj Kumar Ram, Son of Jang Bahadur Ram, Resident of VillageDomaghat, P.O.-Rupni, P.S.-Madhuban, District-East Champaran (Motihari). 8.

Suresh Prasad, Son of Late Girija Nand Prasad, Resident of VillageNavkathawa, P.O.-Ramgarhwa, P.S.-Ramgarhwa, District-East Champaran (Motihari).

9.

Md. Samsad Alam, Son of Hamid Ansari, Resident of Village-Banjhula, P.O.-Kadamwa, P.S.-Ghorasahan, District-East Champaran (Motihari). 10.

Seema Kumari, Wife of Lakhindra Kumar, Resident of Village-Rampur, P.O.-Laxmipur, P.S.-Mahua, District-Vaishali. 11.

Sonu Saurabh, Son of Ram Babu Prasad Singh, Resident of VillageRajapakar, Ward No. 09, P.O. and P.S.-Rajapakar, District-Vaishali. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Chairman, Revenue Board, Government of Bihar. 3.

The Secretary, Revenue Board, Government of Bihar. 4.

The Additional Member, Revenue Board, Government of Bihar. 5.

The Manager, Bettiah Raj, Bettiah.

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

For the Appellant/s :

Mr.Pramod Mishra, Adv For the Respondent/s :

Mr.Md. Khurshid Alam (AAG12) ======================================================

2/4 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 17-03-2021 Heard learned counsel for the parties.

This LPA under Clause 10 of Letters Patent Appeal has been preferred for setting aside the judgment and order dated 27.08.2019 passed by learned Single Judge in CWJC No. 16584 of 2019, dismissing the writ petition.

Briefly stated, the facts of the case is that pursuant to Advt. Issued by Manager, Bettiah Raj (Board of Revenue), for selection on the post of Amin on temporary basis for different works under Bettiah Raj and Appellants being qualified and trained Amin were appointed for one year vide memo dated 12.08.2017 and continued upto 20 months in which they performed works as Amin under Bettiah Raj and were relieved vide memo dated 31.03.2019. In the meantime, they were also deputed to work for Bihar State Bridge construction Corporation Ltd., for a period of 1 month on deputation from Bettiah Raj. State Revenue Department, Govt. Of Bihar has issued an advertisement for appointment of 550 Amins in the State Government, as such, they be permitted to continue as Amins as there is much requirement of Amins in Govt. Organization. It is

3/4 further stated that Govt. Of Bihar, has taken a decision vide memo dated 17.09.2018 that employees appointed on contract basis should be allowed to continue till regular appointments are made.

A contractual employee appointed for a specified period cannot claim any permanency and can be removed by employer on completion of contractual period. A contractual employee cannot claim appointment against a permanent or temporary post and his services can be dispensed with under the terms and conditions of contractual appointment. No equity can be claimed on the basis of such contractual appointment. Appointment of appellants was for a specific purpose and since said purpose has been achieved their contractual period cannot be further renewed.

The learned Single Judge has already observed that if any appointment is made by the State Government on permanent/temporary/contractual basis due weightage shall be considered to be given to the Appellants for their experience as Amin.

After hearing the parties and considering the materials available on record, this Court does not find any infirmity or error in the order passed by the learned Single Judge requiring

4/4 any interference by this Court.

Accordingly, this Letters Patent Appeal is dismissed. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.04.2021 Transmission Date NA