KESHAW PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Government Pleader No. 4 for the State and perused the counter - affidavit filed on behalf of respondent No. 2, Secretary, Rural Development Department, Govt. of Bihar, Patna.

(2.) THE present writ application has been preferred for commanding the respondents to accept the joining of the petitioners on the post of Panchayat Sewaks in the District of Saran (Chapra).

(3.) THE stand of the State appears to be quite peculiar specially in view of the fact that it has been admitted by the counsel for the State that petitioners were performing the duties of Dalpatis and were duly qualified to be selected as Panchayat Sewaks. It has also been accepted by the learned counsel that they had been selected and had been sent for training and had imparted the training as Dalpatis. It has further been contended that as per annexure -11 which is a letter dt. 15.4.2000 issued by the Rural Development Department (Panchayat Raj Directorate) to all the District Magistrates and the Deputy Commissioners in which it has clearly been directed that as far as Panchayat Sewaks were concerned they will be getting only stipend during the period of training and would be paid their salaries after training only if they were within the strength of Panchayat Sewaks in the aforesaid districts. Strangely in the present case it has also been accepted by the State that the petitioners come within the sanctioned strength of the District of Saran (Chapra). It had also been accepted that their selection was made by the appropriate authority and they were duly trained. It had not been denied that other persons similarly situated had been appointed as Panchayat Sewaks but in the present case the only difficulty which the State is facing, as per the counter -affidavit of the Secretary of the Department and the learned counsel for the State, is that by annexure -1 there is a ban on appointments. The said annexure is dt. 27.7.1998.