Maya Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25077 of 2019 ====================================================== 1.

Maya Ram Son of Late Lakshman Ram Resident of Mohalla-Kaji tola, Ara, P.S. Ara Town, Dist.Bhojpur 2.

Gajendra Pandey Son of Late Bhrigu Nandan Pandey Resident of VillageBarka Lauhar, P.S. Barhara, District-Bhojpur. 3.

Dharmendra Ram Son of Late Maina Ram, Resident of Village-Pipra Jaypal, P.O. and P.S. Pirauta District-Bhojpur.

4.

Nawal Kishore Das Son of Ram Ratan Ram, Resident of VillageBakhorapur, P.S. Bakhorapur, Distrct Bhojpur. 5.

Suraj KUmar Rajak Son of Haribansh Lal, Resident of Village-and P.O. Babura, P.S. Baburam, District Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Human Resources Deptt Govt. of BIhar, Patna. 3.

The Principal Secretary, Social Welfare Deptt. Govt. of BIhar, Patna. 4.

The District Magistrate, Bhojpur.

5.

The District Education Officer Bhojpur.

6.

The District Education Superintendent-Cum-District-Programme officer Samanbay, Bhojpur.

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

For the Petitioner/s :

Mr. Ram Niwas Prasad, Advocate For the Respondent/s :

Mrs. Shilpa Singh (GA-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2019 Heard counsel for the parties.

The petitioners appear to have been engaged on contractual basis for serving as Care Giver Assistants for providing help to physically disabled children under the inclusive education project. Such helpers were appointed against an advertisement but only for the

Patna High Court CWJC No.25077 of 2019(2) dt.13-12-2019 2/3 financial year 2010-11. At the time of their engagement, they were given the remuneration for maximum of six months at the rate of Rs. 3000/- per month.

According to the petitioners, they rendered their services from 2011 to 2015 but now their services are not being taken. Under the aforesaid circumstances, the petitioners have approached this Court for a direction to the respondents to take work from them and to pay them the minimum wages which has been fixed in the year 2010-11.

Learned counsel for the State however on telephonic instructions has informed this Court that the project under which such an appointment was made on a limited contractual basis is over and no post of any Care Giver is available today.

Under the aforesaid circumstances, this Court cannot pass any order directing the respondents to take the services from the petitioners.

Should the petitioners so desire, they may

Patna High Court CWJC No.25077 of 2019(2) dt.13-12-2019 3/3 approach the authorities for the needful. If at all their services would be required, the respondents shall consider that they have been trained in such work and have successfully completed their work for about four years.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U