Arun Kumar Thakur, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23764 of 2019 ====================================================== 1.
Arun Kumar Thakur, Son of Ramnath Thakur, R/v-Parsauna, P.S.- Sangrampur, Dist-East Champaran.
2.
Javed Akhtar, Son of Ash Mahammad Ansari, R/v-Mishragram, P.S.- Sangrampur, Dist-East Champaran.
3.
Mani Bhushan Kumar, Son of Prabhunath Singh, R/v-Thikahan, P.S.- Sangrampur, Dist-East Champaran.
4.
Sanjay Kumar Tiwari, Son of Janardan Pd. Tiwari, R/v-Sangrampur, P.S.- Sangrampur, Dist-East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Planning and Development, Govt. of Bihar, Patna.
2.
The Principal Secretary, Department of Planning and Development, Government of Bihar, Patna.
3.
The Director, Department of Planning and Development, Government of Bihar, Patna.
4.
The Joint Director-cum-Office Head, Department of Planning and Development, Government of Bihar, Patna.
5.
The District Statistical Officer, East Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Tondon, Advocate For the Respondent/s :
Mr. Akhileshwar Singh, Advocate A.C. to G.A. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-01-2020 Heard learned counsel for the parties.
2. The petitioners have filed the present writ application seeking direction not to implement the decision of the counsel of the Ministers (Cabinet), State Government of Bihar, dated 07.06.2016, relating to termination of the panel of Accredited Statistical Volunteers. The panel has already been
Patna High Court CWJC No.23764 of 2019(2) dt.14-01-2020 2/3 scrapped in terms of the said Cabinet decision dated 07.06.2016. The petitioners want this Court's interference by quashing the letter terminating the said panel. It is asserted in the writ application that on-line applications were invited for preparing block wise panel of Accredited Statistical Volunteer to provide total Volunteers services for the benefit of the people of Bihar. According to the petitioners, the panel was created with the aim that all large scale survey (Sensus and Sample) would be conducted within the stipulated time frame without adversely affecting teaching work or implementation of other schemes. The petitioners contend that they were empanelled and they had undergone specialized training also for survey and data collection in the earmarked fields.
3. They contend that presently the petitioners are being paid on honorarium basis and they are not being paid fixed remuneration on monthly basis. According to them, the work of survey and data collection in the fields should be given to them and the decision of the State Government taken in the meeting held on 7.6.2006 by the Cabinet to abolish the panel of Accredited Statistical Volunteers, is improper and requires interference by this Court.
4. Even if what has been stated in the writ application
Patna High Court CWJC No.23764 of 2019(2) dt.14-01-2020 3/3 is treated to be correct on the face value, this Court cannot grant any relief as the petitioners have not been able to make out any legal right which is being infringed by the impugned decision. The decision taken by the counsel of Ministers is in the nature of State Policy which need not be gone into by this Court exercising jurisdiction under Article 226 of the Constitution of India, in the facts and circumstances of the case.
5. This application, in my view, has no merits and is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) S.Ali/- U