MAHENDRA MAHTO v. THE STATE OF BIHAR

IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6133 of 2009

MAHENDRA MAHTO, son of Shri Debchandra Mahto, resident of Village and Post Office-Dumi, Police Station- Mushahari, district-Muzaffarpur. At present posted as Village Level Workers at Block-Muraul, in district-Muzaffarpur.

Om Prakash son of Late Birendra Prasad, resident of Village-Berhuadih, Police Station-Sakra, district Muzaffarpur. At present posted as Village Level Workers at Block Kurni, in district-Muzaffarpur.

Rajdeo Prasad Singh, son of late Jai Mangal Singh, resident of Village-Anant Kamtaul, Police Station-Kurni, district-Muzaffarpur. At present posted as Village Level Workers at Block-Saraiya, in district-Muzaffarpur.

Anirudh Prasad Thakur, son of late Pradyuman Prasad Thakur, resident of Village-Rajwara, Police Station- Mushahari, district-Muzaffarpur. At present posted as Village Level Workers at Block-Kanti, in district- Muzaffarpur.

Ram Babu Singh, son of late Ramchandra Prasad Singh, resident of Village-Kanhara, Police Station-Bochaha, district-Muzaffarpur. At present posted as Village Level Workers at Block-Katra, in district-Muzaffarpur.

Rajesh Kumar, son of late Hardeo Prasad Verma, resident of Mohalla-Aamgola Khajurbanna, Police Station-Ramna, district-Muzaffarpur. At present posted as Village Level Workers at Block Kurni, in district- Muzaffarpur.

Awadhesh Kumar Diwakar, son of late Sukhdeo Narayan sinmgh, resident of Village-Pura, Post Office- Maidhi, Police Station-Gaayghat, district-Muzaffarpur. At present posted as Village Level Workers at Block-Katra, in district-Muzaffarpur.

Ganesh Sharma, Son of late Ramlagan Sharma, resident of Village-Chhapra Megh, Police Station-Mushahri, district-Muzaffarpur. At present posted as Village Level Workers at Block-Kurni, in district-Muzaffarpur.

Ramadhar Singh son of Sri Devnarain Singh, resident of Village-Hussaipur Jagdari, Police Station-Sahebganj, district-Muzaffarpur. At present p;osted as Village Level Workers at Block-Paru, in district-Muzaffarpur.

Nawal Kishore Singh Son of Shri Rajendra Prasad Singh, resident of Village-Gokula Rupauli, Police Station- 2 Paru, district-Muzaffarpur. At present posted as Village Level Workers at Block-Saraiya, in district Muzaffarpur.

Birendra Rai, son of Shri Jung Bahadur Rai, resident of Village-Paharpur, Police Station-Saraiya, district- Muzaffarpur. At present posted as Village Level Workers at Block-Paru, in district-Muzaffarpur.

Rameshwar Narayan Sahani, son of late Bujhawan Sahani, resident of Village-Babangama, Police Station- Aurai, district-Muzaffarpur. At present posted as Village Level Workers at Block-Katra, in district-Muzaffarpur.

Shatrughan Prasad singh son of Shri Dhaneshwar Singh, resident of Village-Ragho Majhauli, Post Office and Police Station-Bochaha, district-Muzaffarpur. At present posted as Village Level Workers at Block- Meenapur, in district-Muzaffarpur.

Ram Kishore Verma son of late Yadunandan Prasad, resident of Mohalla-Pakri Ismailm Police Station-Sadar Muzaffarpur, district-Muzaffarpur. At present posted as Village Level Workers at Block-Bochaha, in district- Muzaffarpur.

Pramod Kumar son of late Triveni Prasad Verma, resident of Villalge-Bairiya, Police Station-Ahiyapur, District-Muzaffarpur. At present posted as Village Level Workers at Block-Meenapur, in district Muzaffarpur.

Dharma Prakash Chaudhary, son of Shri Ved Prakash Chaudhary, resident of Mohalla-Rambagh Road, Mahavirsthan, Police Station-Ramna, district- Muzaffarpur. At present posted as Village Level Workers at Block-Meenapur, in district-Muzaffarpur.

Ram Narayan Prasad son of late Tej Narayan Prasad, resident of Mohalla-Nayatola Krishnapuro, Police Station- Kaji Mohammadpur, district-Muzaffarpur. At present posted as Village Level Workers at Block-Kurni, in district-Muzaffarpur.

Sonelal Chaudhary son of late Rameshwar Chaudhary, resident of Village-Sadatpur, Police Station-Kanti, district-Muzaffarpur. At present posted as Village Level Workers at Block-Sakra, in district-Muzaffarpur.

Sunil Kumar, son of late Kailashpati Sahay, resident of Mohalla-Rasulpur Jilani, Majhaulia Road, Police Station- Kaji Mohammadpur, district-Muzaffarpur. At present posted as Village Level workers at Block-Sakra, in district-Muzaffarpur.

Mukul Kishore sinha, son of Shri Mahendra Prasad, resident of Mohalla-Saiyed Ali Lane, Police Station-Kaji Mohammadpur, district-Muzaffaqrpur. At present posted as Village Level Workers at Block-Kanti, in district- Muzaffarpur.

Arun Kumar, son of Shri Raghunath Prasad Verma, resident of Mohalla-Chak Abdul Wahid, Majhaulia Road, Police Station-Kaji Mohammadpur, district-Muzaffarpur. 3 At present posted as Village Level Workers at Block- Kanti in district-Muzaffarpur. Versus

1.THE STATE OF BIHAR through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna. 2. The Joint Secretary, Department of Agriculture, Government of Bihar, Patna. 3. The Director, Agriculture Directorate, Government of Bihar, Patna. 4. The District Magistrate, Muzaffarpur. 5. The Deputy Development Commissioner, Muzaffarpur. 6. The District Agriculture Officer, Muzaffarpur. With CWJC No. 6191 of 2009 1.SAROJ KUMAR, son of late Baidhyanath Prasad Singh, resident of Village-Baruari, Police Station-Gaay- ghat, district-Muzaffarpur. At present posted as Village Level Worker at Block-Katra, in district-Muzaffarpur. 2. Uday Shankar Tiwary son of late Baidhyanath Tiwary, resident of village-Fatehpur, Police Station- Paru, district-Muzaffarpur. At present posted as Village Level Worker at Block-Sahebganj in district- Muzaffarpur. 3. Ratnesh Kumar Singh, son of late Ghanshyam singh, resident of Village-Bariarpur, Police Station-Piyar, district-Muzaffarpur. At present posted as Village Level Worker at Block-Gaay-ghat in district Muzaffarpur. 4. Imtiyaz Ahmed Siddiqui, son of late Mohammad Shafi, resident of village-Bochaha, Police Station- Bochaha, district-Muzaffarpur. At present posted as Village Level Worker a Block-Gaay-ghat in district- Muzaffarpur. 5. Braj Bhushan Thakur, son of late Raj Narayan Thakur, resident of village-Mali Nagar, Police Station- Chak Mehasi, district-Samastipur, district-Muzaffarpur. 6. Hari Narayan Mahato, son of late Surya Mahato, resident of Village-Karua, Police Station-Chak Mehasi, district-Samastipur. At present posted as Village Level Worker at Block-Muraul in district-Muzaffarpur. 7. Ashok Kumar Singh, son of late Rudradeo Prasad Singh, resident of Village-Ramchandrapur, Police Station-Deoria, district Muzaffarpur. At present posted as Village Level Worker at BlockSakra in district- Muzaffarpur. Versus

1.THE STATE OF BIHAR through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna. 4

2. The Joint Secretary, Department of Agriclture, Government of Bihar, Patna. 3. The Director, Agriculture Directorate, Government of Bihar, Patna. 4. The District Magistrate, Muzaffarpur. 5. The Deputy Development commissioner, Muzaffarpur. 6. The District Agriculture Officer, Muzaffarpur. ------- 2 18/5/2009 Heard counsel for the petitioners and counsel for the State. In both these writ applications the petitioners holding the post of Jan Sevak/V.L.W have only one grievance that the official respondents while issuing the order of promotion dated

27.2.2009 in favour of private respondents have superseded a large number of senior persons including the petitioners. Counsel for the petitioners in this context has tried to expand his submission that such promotion has been given on the basis of some on the job training for which the respondents themselves had selected persons without giving equal treatment to the petitioners. In that view of the matter the counsel submits that at least being untrained could not have been a disqualification for the petitioners more so when it is directly linked/related to the matter of promotion. Counsel for the State on the other hand would submit that at least those persons like the petitioners who did not opt for going in training can not make a complaint if the State has ultimately promoted the trained hands as per requirement of the cadre rules for filling up promotional post of Block Agriculture Officer.

5 This Court finds it difficult to decide the inter-se claim of the petitioners vis-à-vis private respondents, who have been promoted, but their grievance needs to be looked into from an angle as to whether they did not go in training on their own volition or were omitted in course of being sent on training while favouring others. Since petitioners have also impleaded all the persons sent on training and promoted as respondents such an exercise should be undertaken by the Agriculture Production Commissioner Production Commissioner/Principal Secretary of the Agriculture Department who is head of the department. The petitioners, therefore, are given liberty to file their exhaustive individual representation to the Agriculture Production Commissioner, who after obtaining relevant information/comment from the controlling authority of the petitioner would take a decision as to whether denial of training and consequently promotion to the petitioners was based on valid or justified reasons.

In the event the Agriculture Production Commissioner will find that the petitioners have been left out without any valid reason, he would issue notice to the persons who may be affected on account of petitioners being promoted by displacing them. If, however, the Agriculture Production Commissioner would find that the petitioners did not go for training on their own accord and stood denied of their promotion on that ground alone he will record his reasons and communicate the same to the petitioners within a period of four month from the date of receipt/production 6 of a copy of this order. This application accordingly stands disposed of with the aforementioned observations and directions. Abhay Kumar (Mihir Kumar Jha, J.)