RAMSHOBHAYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners as well as the State.

(2.) THE contention on behalf of the petitioner is that they have also been selected for appointment as Dalpati, as would be clear from Annexure -1 and as such they be paid their salary from the day when they were selected and sent for training.

(3.) IN support of the contention, it has been contended by the learned counsel for the petitioners that similarly situated persons, whose names found place in Annexure -1 along with the petitioners had moved this court by filing C.W.J.C. No. 8893/88 and analogous cases and a Bench of this court vide its order dated 30.11.1999 came to the conclusion that the case of those writ petitioners was similar to that of Gupta Nath Singh and another, Ram Krishna Singh Yadav and 11 others and Keshow Prasad Pandey, being C.W.J.C. Nos. 4025/95, 7935/94 and 4561/95, disposed of on 27.7.1995. In the said case this court after taking into consideration the policy decision of the State dated 24.6.1989 held that the trained Dalpaties of general category were not supposed to be sent tor training on their selection but should have been given appointment of Panchayat Sewak in the regular scale of Panchayat Sewak with effect from the date the writ petitioners of those cases i.e., Gupta Nath Singh and others were sent for training. The aforesaid judgment was upheld by the L.P.A. Bench in L.P.A. No. 1520/95.