Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.14834 OF 2012 =================================================== 1.MAHESH PRASAD SINGH SON OF LATE RAM LAGAN SINGH RESIDENT OF MOHALLA- UNDERKILA, P.S.- HAJIPUR SADAR, DISTRICT- VAISHALI 2.MD. RASHID ALAM SON OF MD. ALAUDDIN VILLAGE- RAJASAN, P.S.- VIDUPUR, DISTRICT VAISHALI .... .... PETITIONER/S COMMISSIONER-CUM-SECRETARY, VERSUS 1.THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2.THE COMMISSIONER-CUM-SECRETARY, PERSONNEL AND ADMINISTRATIVE DEPARTMENT, BIHAR, PATNA 3.THE DEPARTMENT, BIHAR, PATNA 4.THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 5.THE DISTRICT- VAISHALI, HAJIPUR 6.THE DEPUTY COLLECTOR, NAZARAT, DISTRICT- VAISHALI, HAJIPUR. COLLECTOR-CUM-DISTRICT OFFICER, FINANCE NULL .... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.14191 OF 2012 =================================================== 1.RAM BABOO SINGH CHAUHAN SON OF LATE BHIM SINGH RESIDENT OF VILLAGE AND P.O. - BABBA KURAI, P.S. - HAJIPUR SADAR, DISTRICT - VAISHALI 2.PREM KUMAR SINGH SON OF LATE JAYAMANGAL SINGH VILLAGE - CHECHAR PASHCHIM , P.S. - VIDUPUR, DISTRICT VAISHALI. .... .... PETITIONER/S COMMISSIONER-CUM-SECRETARY, VERSUS 1.THE STATE OF BIHAR , THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2.THE COMMISSIONER-CUM-SECRETARY, PERSONNEL LAND ADMINISTRATIVE DEPARTMENT, BIHAR, PATNA 3.THE DEPARTMENT, BIHAR, PATNA 4.THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 5.THE COLLECTOR-CUM-DISTRICT OFFICER, DISTRICT - VAISHALI, HAJIPUR 6.THE DEPUTY COLLECTOR, NAZARAT, DISTRICT - VAISHALI, HAJIPUR. FINANCE .... .... RESPONDENT/S ===================================================
Legal Reasoning
Patna High Court CWJC No.14834 of 2012 (3) dt.05-02-2013 2 WITH CIVIL WRIT JURISDICTION CASE NO.16341 OF 2012 =================================================== 1.MIRA DEVI D/O LATE VAIDYANATH THAKUR R/O MOHALLA- PATWATOLI, P.S.-LALGUNJ, DISTRICT- VAISHALI 2.RAGHUNATH CHOUDHARY S/O LATE KANHAI CHOUDHARY R/O VILLAGE- NAVADA KHURD, P.S.- GANGA BRIDGE, DISTRICT- VAISHALI 3.LAGANDEO PANDIT S/O LATE VASUDEO PANDIT R/O VILLAGE- NAWADA KHURD, P.S.- GANGA BRIDGE, DISTRICT- VAISHALI .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2.THE COMMISSIONER-CUM-SECRETARY PERSONNEL AND ADMINISTRATIVE DEPARTMENT, BIHAR, PATNA 3.THE DEPARTMENT, BIHAR, PATNA 4.THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 5.THE COLLECTOR-CUM-DISTRICT OFFICER, DISTRICT- VAISHALI, HAJIPUR. COMMISSIONER-CUM-SECRETARY FINANCE
Legal Reasoning
.... .... RESPONDENT/S =================================================== WITH CIVIL WRIT JURISDICTION CASE NO.19457 OF 2012 ================================================== 1.MOHAMMAD YAKUB SON OF LATE ABDUL HAKIM RESIDENT OF VILLAGE - FATEHABAD, P.S. - HAJIPUR SADAR, DISTRICT - VAISHALI 2.MOHAMMAD AJAHARUDDIN SON OF MOHAMMAD TUFAIL AHMAD RESIDENT OF VILLAGE - FATEHABAD, P.S. - HAJIPUR SADAR, DISTRICT - VAISHALI 3.VINOD KUMAR SINGH SON OF VISHNUDEO SINGH RESIDENT OF VILLAGE - KHILWAT, P.S. - BIDUPUR, DISTRICT - VAISHALI 4.SMT. NITU SINHA WIFE OF BHOGENDRA NARAIN KARN RESIDENT OF MOHALLA - POKHAR, POLICE STATION - HAJIPUR TOWN, DISTRICT - VAISHALI .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2.THE COMMISSIONER-CUM-SECRETARY, PERSONNEL AND ADMINISTRATIVE DEPARTMENT, BIHAR, PATNA 3.THE DEPARTMENT, BIHAR, PATNA 4.THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR COMMISSIONER-CUM-SECRETARY, FINANCE Patna High Court CWJC No.14834 of 2012 (3) dt.05-02-2013 3 5.THE COLLECTOR-CUM-DISTRICT OFFICER, DISTRICT - VAISHALI, HAJIPUR. .... .... RESPONDENT/S =================================================== Appearance : (In CWJC No.14834 of 2012) For the Petitioner/s:Mr. Sanjeev Kumar For the Respondent/s:Mr. Manoj Priaydarshi Sc17 (In CWJC No.14191 of 2012) For the Petitioner/s:Mr. Sanjeev Kumar For the Respondent/s:Mr. Neelu Agrwal Ga6 (In CWJC No.16341 of 2012) For the Petitioner/s:Mr. Sanjeev Kumar For the Respondent/s:Mr. Nivedita Nirvikar Gp3 (In CWJC No.19457 of 2012) For the Petitioner/s:Mr. Sanjeev Kumar For the Respondent/s:Mr. Harendra Pd. Singh Ga8 =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3/ 05-02-2013 Having heard counsel for the parties as with regard to the prayer of the petitioners for preparation of the roster of candiates for appointment on the post of Grade-IV, this Court would deem it expedient in the ends of justice to direct the Collector of Vaishali district to first ascertain the vacancies which are available in the district. In view of the fact that now in class-IV (Group-D) also there is a classification of the post of Anusewak/Adeshpal/Chaprasi which are to be governed by the Rules framed by the State Government under proviso to Article-309 of the Constitution of India as notified on Patna High Court CWJC No.14834 of 2012 (3) dt.05-02-2013 4 26.03.2010 (Annexure-A) to the counter affidavit filed in C.W.J.C No. 14834 of 2012, the Collector will have to first work out as to whether such panel is to be prepared for appointment on the aforementioned three group- D posts. The Collector of the district will also separately ascertain the availability of other vacancies (other than three posts) provided in the 2010 Rules and if the Collector being the nodal officer is being intimated of other Class-IV posts by the other district heads as was notified in circular no. 16441 dated 03.12.1980, he would take steps for preparation of a separate panel. This exercise, however, will require the Collector of the district to also apply his mind to the facts of the case of the petitioners all of whom have a similar grievance that since they have worked for some period on daily wages or as Umeddwar Peons they should also be considered for an empanelment at least on the post which are not covered by 2010 Group-D Rules. In the considered opinion of this Court, preparation of two separate panels as Patna High Court CWJC No.14834 of 2012 (3) dt.05-02-2013 5 indicated above will not be a fruitful exercise unless the posts are available. Thus the Collector of the district must first ascertain the vacancies in the office of different district heads and/or within their control in the district, on Class-IV post other than the three post of Anusewak/Adeshpal/Chaprasi and once the vacancy position is made known to the Collector of the Vaishali district, he would proceed to prepare panel in terms of the Government Circular NO. 16441 dated 03.12.1980 and/or its modification made by the State Government from time to time. In order to enable the Collector of the district for having a better view of the whole issue the petitioners are hereby given liberty to file their individual and separate representation in which they should give relevant facts of their case and may also place reliance on any document on the basis of which they are claiming their empanelment in the panel to be prepared for class-IV post in the district of Vaishali. It is, however, made clear that the Collector of the district will not mix up the two panels namely that of Patna High Court CWJC No.14834 of 2012 (3) dt.05-02-2013 6 Class-IV, Group-D posts which have to be filled up in terms of 2010 Rules with the other panel which has to be prepared for other Class-IV posts covered by government circular no. 18441 dated 3.12.1980 and its modifications made from time to time inasmuch as process of empanelment of Group-D posts will be altogether different as laid down in the 2010 Rules. This Court hopes and believes that this exercise shall be completed by the Collector of Vaishali district expeditiously preferably within a period of six months from the date of filing of the individual and separate representation by each of the petitioners enclosing a copy of this order. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)