Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9218 of 2013 ====================================================== Shambhu Ram S/O Late Shiv Janam Ram Resident Of Mohalla- Mauna, P.S- Chhapra Town, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Sheshtha Kshetriya Karyakarta In Chhapra Sadar Block Of Saran District. Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna. 4. The Director - In- Chief, Health Services, Bihar, Patna. 5. The Chief Malaria Officer, Bihar, Patna. 6. The District Magistrate, Saran At Chapra. 7. The District Malaria Officer, Saran At Chapra. 8. The Assistant Director (Employment) Sub- Regional Employment Exchange, Saran At Chapra. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.10947 of 2013 ====================================================== Binod Kumar Son Of Late Jagarnath Prasad Resident Of Mohalla- Mauna P.S. Town, District- Saran At Chapra, Presently Working As DDT Chhirkao, Sheshtha Kshetriya Karyakarta In Chhapra Sadar Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 6. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9513 of 2013 ====================================================== 1. Gajendra Singh S/O Sri Parshuram Singh R/O Village, P.O., P.S.- Baniyapur, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 2 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment) Sub-Regional Employment Exchange, Saran At Chapra ... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9722 of 2013 ====================================================== Lal Mohan Rai Son Of Jagarnath Rai Resident Of Village - Mahammada, P.S. - Garkha, District - Saran At Chapra , Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.10184 of 2013 ====================================================== Ramadhar Singh S/O Late Ram Milan Singh R/O Village- Mahammada, P.S.- Garkha, District- Saran At Chapra, Presetnly Working As Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment) Sub-Regional Employment Exchange, Saran At Chapra
Legal Reasoning
.... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.10581 of 2013 ====================================================== Upendra Kumar Singh S/O Sri Rameshwar Singh R/O Village- Dharmpura, P.O. Rasulpur, P.S.- Doriganj, District- Saran At Chapra, Presetnly Working As Shrestha Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 3 Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assstant Director (Employment) Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.10635 of 2013 ====================================================== Chandra Deep Singh S/O Sri Ram Kripal Singh Resident Of Village- Mahammada, P.S- Garkha, District- Saran At Chapra, Presently Working As Shrestha DDT, Chhirkao, Kshetriya Karyakarta In Jalalpur, Block Of Saran District Jaran (Chapra) Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna. 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna. 4. The Director - In- Chief, Health Services, Bihar, Patna. 5. The Chief Malaria Officer, Bihar, Patna. 6. The District Magistrate, Saran At Chapra. 7. The District Malaria Officer, Saran At Chapra. 8. The Assistant Director (Employment), Sub- Regional Employment Exchange, Saran At Chapra. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.10973 of 2013 ====================================================== Pramod Kumar Son Of Jagannath Prasad Sharma Resident Of Mohalla- Mauna P.S. Chhapra Town, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Sheshtha Kshetriya Karyakarta In Chhapra Sadar Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 4 ====================================================== with Civil Writ Jurisdiction Case No.11120 of 2013 ====================================================== Akshay Lal Sharma Son Of Sri Satya Narayan Sharma Resident Of Village- Rudalpur, P.S. Jalalpur District-Saran At Chapra, Presently Working As Ddt Chhirkao, Sheshtha Kshetriya Karyakarta In Jalalpur Block Of Saran District. Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary Govt. Of Bihar, Patna. 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna. 4. The Director-In-Chief, Health Services, Bihar, Patna. 5. The Chief Malaria Officer, Bihar, Patna. 6. The District Magistrate, Saran At Chapra. 7. The District Malaria Officer, Saran At Chapra. 8. The Assistant Director (Employment) Sub-Regional Employment Exchange, Saran At Chapra. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9618 of 2013 ====================================================== Ram Bahadur Singh Son Of Late Ram Kathin Singh Resident Of Village - Mahammada, P.S. Garkha, District - Saran At Chapra, Presently Working As Ddt Chhirako, Kshetriya Karyakarta In Baniyapur Block Of Saran District Versus ... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9619 of 2013 ====================================================== Manoj Kumar Singh Son Of Sri Sheela Nath Singh Resident Of Village - Mahammada, P.S. Garkha, District - Saran At Chapra, Presently Working As Shrestha Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar ,Patna Versus Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 5 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra ... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9631 of 2013 ====================================================== Raj Roshan Manjhi Son Of Sri Sabrajit Manjhi Resident Of Village - Dhupnagar (Dhobwal), P.S. - Khaira, District - Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Directr (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9805 of 2013 ====================================================== Shiv Kumar Singh Son Of Sri Ram Kripal Singh Resident Of Village- Mahammada, P.S. Garkha, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9826 of 2013 ====================================================== Raju Kumar Son Of Sri Ram Chandeshwar Rai Resident Of Village- Chota Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 6 Telpa, P.S. Muffassil, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna Null Null 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.9829 of 2013 ====================================================== Vijay Kumar Sharma Son Of Late Shiv Shambhu Sharma Resident Of Village- Husse Chapra, P.S. Chapra, District- Saran At Chapra, Presently Working As Shrestha Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District Versus .... .... Petitioner 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna Null Null 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Prashant Sinha, Adv. For the Respondent/s : Mr. Manoj Kumar Ambastha, G.P.14 Mr. Subodh Kumar, AC to GP14 (In all the cases) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 21-06-2013 Heard counsel for the parties. Having regard to the fact that in all these writ petitions there is an identical prayer this Court would extract the prayer of Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 7 the first case, C.W.J.C.No. 9218/2013 which reads as follows: “(i) For issuance in the nature of writ of certiorari for quashing of the decision of the Selection Committee dated 13.3.2013 constituted for the preparation of panel of Group-IV post in the district of Saran, pursuant to advertisement no.1/2012, whereby the Selection Committee has rejected the objection raised by the petitioner, upon giving him fourth priority position in the provisional panel, on the ground that the experience earned by the petitioner as DDT Sprayer cannot be treated as valid experience. (ii) For holding that the decision of the Selection Committee to not to count the man days given by the petitioner as DDT Sprayer and to not to give first priority position to the petitioner in the panel is against the direction of this Hon‟ble Court as contained in C.W.J.C.No. 11798/2011 as well as in the writ application filed by the petitioner bearing C.W.J.C.No. 13855/2012 and also the order of the District Magistrate, Saran to grant appropriate seniority/ priority to the petitioner. (iii) For a direction to the respondent authorities to grant first priority preference to the petitioner in the final panel to be prepared pursuant to advertisement no. 1/2012, taking into account the man days given by him as DDT Sprayer as in the light of the order passed by this Hon‟ble Court in C.W.J.C.No. 11798/2011, the DDT Sprayers in the Aurangabad district have been given first priority preference in the panel prepared for Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 8 Class IV employees, while the same is being denied to the petitioner by the District Magistrate, Saran. (iv) For staying the preparation of final panel till the petitioner is given appropriate position in the panel taking into account the man days given by him in accordance with the orders of this Hon‟ble Court passed in C.W.J.C.No. 11798/2011 and C.W.J.C.No. 13855/2012.” Learned counsel for the petitioners has submitted that when the respondents had issued advertisement vide Advertisement No. 1 of 2012 for preparation of panel for appointment on Class IV post, they had sought the information with regard to experience of working in the Government offices. The petitioners are DDT Sprayers and therefore, when they are not being given the certificate of experience they cannot actually support their claim of experience in course of consideration for their being empanelled in course of the aforementioned advertisement. In this regard he relies on the instructions of the Deputy Secretary to the General Administration Department of the State Government, dated 29.6.2011, as contained in Annexure 5, that the guideline issued for counting the experience would necessarily involve issuance of certificate by the employer with regard to the services rendered by the daily wager employees. In the considered opinion of this Court the prayer made Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 9 in all these writ applications is wholly misconceived. The appointment on Class IV post has to be made in view of Bihar Group „D‟ (Recruitment & Service Conditions) Rules, 2010. That is the statutory Rule framed under proviso to Article 309 of the Constitution of India. In the process of making for panel for filling up Class IV post all that has been now said is requirement of fulfilment of those Rules. if any person working on daily wages in Government offices he can definitely certify it on the basis of actual payment made to him for that period. The petitioners claim that they have already got the certificate. Therefore, there is no difficulty for them to produce such certificate. At this stage, counsel for the petitioners has submitted that as a matter of fact they had produced such certificate but the same were held to be invalid by the Collector of Saran District. In this regard he has referred to the chart contained in the proceedings dated 13.3.2013 (Annexure 11), wherein as with regard to the petitioners it has been recorded as follows: ^^dk;Z vuqHko fNM+dko dehZ dk gSA Mh0Mh0Vh0 fNM+dko dehZ ds fy, fu;qfDr inkf/kdkjh ftyk inkf/kdkjh egksn; ugha gSA blfy, bl in ij fd, x, dk;Z vuqHko dks oS/k ugha ekurs gq, izkFkfedrk lwph eas Js.kh dksfV 4 esa j[kk x;k gSA** The question would be if there was any infirmity or a wrong decision taken by the Collector of Saran District in course Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 10 of preparation of panel in terms of 2010 Rules, the petitioners had remedy of appeal against such finding recorded by the Collector of Saran District. Thus, in all fairness in stead of filing of these writ applications they ought to have moved before the Commissioner who is the prescribed authority under the instructions issued by the State Government contained in letter no. 3/R1-103/73KA-16441 dated 3.12.1980, relevant portion whereof reads as follows:- ^^fcgkj ljdkj] dkfeZd ,oa iz’kklfud lq/kkj foHkkx] i= la[;k 3@vkj0 1&103@73 dk016441] fnukad 3 fnlEcj 1980 dh izfrfyfi fo"k;& prqFkZoxhZ; inksa ds fy;s fu;qfDr dk vk/kkj ,oa izfdz;kA funs’kkuqlkj eq>s dguk gS fd eqQ~Qfly dk;kZy;ksa esa oxZ 4 ds inksa ij fu;qfDr dk vk/kkj ,oa izfdz;k dkfeZd foHkkx ds ladYi la[;k 7566 ,oa 10747 dze’k% fnukad 16 ebZ 1973 ,oa 20 twu 1975 …le;≤ ij ;Fkkla’kksf/kr‰ esa fu/kkZfjr gSa lHkh fcUnqvksa ij fopkj dj ljdkj us fu.kZ; fy;k gS fd prqFkZoxhZ; inksa ij fu;qfDr ds fufer fuEufyf[kr izfdz;k dk vuqikyu n‘<+rkiwoZd fd;k tk;s& …1‰ -------------------------------------------------------------------------------------------------------------------- …2‰ -------------------------------------------------------------------------------------------------------------------- …3‰ -------------------------------------------------------------------------------------------------------------------- …4‰ -------------------------------------------------------------------------------------------------------------------- …5‰ -------------------------------------------------------------------------------------------------------------------- …6‰ vU; dksfV ds prqFkZoxhZ; inksa ij ;Fkklk?; LFkkuh; {ks=ks a ls ftyk fu;kstuky; ds ek/;e ls dh tk;A pwafd ftyk Lrj ij fu;qDr fd, tkus okys lHkh prqFkZoxhZ; deZpkfj;ksa ds fy, ,d gh iSusy rS;kj dh tk;sxh] tks ,d o"kZ ds fy;s dk;Zdkjh jgsxh] ftyk inkf/kdkjh foLr‘r izpkj dj vkosnuksa dh tkap djssxs vkSj izR;sd vkosnd vkosnu esa fu;kstuky; fuca/ku la[;k m}‘r djsaxsA ;fn fdlh dkj.ko’k ftyk fu;kstu inkf/kdkjh mudk uke vuq’kaflr ugha djrs gS rks lekgRrkZ fuca/ku la[;k ds vk/kkj ij vkosnu Lohdkj djsaxs vkSj ml ij fopkj Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 11 djsaxsA fu;qfDr ds fy;s fu;kstuky; }kjk vuq’kaflr lwph dh tkap vko’;drkuqlkj ftyk inkf/kdkjh djsaxsA …7‰ -------------------------------------------------------------------------------------------------------------------- …8‰ ;g vis{kk dh tkrh gS fd fu;qfDr inkf/kdkjh ;g lqfuf’pr djsaxs fd fu;qfDr;ksa esa fdlh izdkj dk HksnHkko] i{kikr ;k fdlh vU; izdkj dh vfu;ferrk ugha gksA vxj fdlh izdkj dh vfu;ferrk cjrh tkrh gS rks O;fFkr O;fDr ds }kjk vk;qDr ds le{k f’kdk;r&i= fn;k tk ldrk gSA vxj tkapksijkUr vk;qDr }kjk ;g ik;k tkrk gS fd vkjksi lgh gS rks lacaf/kr inkf/kdkjh ds fo:n~/k dkjZokbZ dh tk;sxhA …9‰ -------------------------------------------------------------------------------------------------------------------- …10‰ -------------------------------------------------------------------------------------------------------------------- …11‰ -------------------------------------------------------------------------------------------------------------------- …12‰ -------------------------------------------------------------------------------------------------------------------- …13‰ ize.Myh; vk;qDr ls vuqjks/k gS fd vius Lrj ls Hkh lHkh ftyk inkf/kdkfj;ksa dks vko’;d vuqns’k nsa vkSj ;g lqfuf’pr djsa fd izR;sd ftyk esa lfefr xfBr dj yh x;h gS vkSj fofgr izfdz;k ds vuqlkj fu;qfDR;kWa ds fy;s dkjZokbZ iwjh dj yh x;h gSA …14‰ ----------------------------------------------------------------------------------- --------------------** for deciding any illegality/ infirmity in preparation of panel. To that extent these writ applications are wholly misconceived and are accordingly dismissed. Dismissal of these writ applications, however, will not stand in the way of the petitioners in filing their appeal before aforesaid prescribed authority against the decision taken by the Committee dated 13.3.2013 whereby and whereunder the petitioners have not been given the credit of experience as DDT Sprayers. It is also made clear that this Court has expressed no Patna High Court CWJC No.9218 of 2013 (3) dt.21-06-2013 12 opinion on the claim of the merits of the case of the petitioners and has simply held the writ applications to be not maintainable on account of their not moving the prescribed authority. (Mihir Kumar Jha, J) surendra/-