ABHISHEK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are seeking quashing of an order dtd. 23/12/2019, issued by Bihar Prashashnik Sudhar Mission Society (in short 'BPSMS') of the General Administration Department, Government of Bihar, whereby and whereunder a decision has been taken to engage executive assistants in various districts for a period of three months by way of an interim measure. During the said period of three months, the engaged executive assistants are required to pass a proficiency test to be organised by Bihar State Electronics Development Corporation Limited (BELTRON). The order further mentions that level of the proficiency test shall be the same as fixed for Data Entry Operator (DEO) of BELTRON. Engagement of executive assistants, who pass the proficiency test, can be extended beyond three months whereas engagement of those who fail shall be terminated with immediate effect, the order states. The order further contemplates that the engaged executive assistants shall have to give an undertaking to the aforesaid effect at the time of their engagement.

(2.) The petitioners have sought for additional reliefs by filing LA. No. 01 of 2021, LA. No. 02 of 2021, LA. No. 03 of 2021, LA. No. 04 of 2021 and LA. No. 05 of 2021 to the following effect :-

(3.) The facts of the case, as disclosed in the writ petition are that the Principal Secretary, Panchayati Raj Department, Government of Bihar in his letter dtd. 28/7/2018, addressed to all the District Magistrates of the State required preparation of panels for engagement of executive assistants at Panchayat level for implementing various schemes of Central Government and the State Government. In his subsequent letter dtd. 1/8/2018, addressed to the District Magistrates the Principal Secretary, Panchayati Raj Department made a request to all the District Magistrates to make available one executive assistant for each Gram Panchayat. The communication dtd. 1/8/2018 indicated that the decision to provide executive assistants for each Panchayat was taken to enhance the use of information technology in Gram Panchayat offices and for effective management of their functioning. Evidently, the executive assistants to be engaged were required to have knowledge of computer.