TARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The order dated 16th of Feb., 2015 passed by the learned Single Bench of this Court in C.W.J.C. No. 2734 of 2015. is subject matter of challenge in the present Letters Patent Appeal wherein the writ application was dismissed with liberty to the petitioner to invoke common law remedy.

(2.) The appellant was appointed as Vikas Mitra on 26th of March, 2010 and continued till 16th of December, 2013 when his services were terminated. As per the scheme of the appointment of Vikas Mitra (Annexure-7 to the writ application) if there are less than 50 families of Mahadalit in the rural Panchayat, then the Vikas Mitra will not be selected and it will be attached to nearest another Panchayat in the vicinity. The term of Vikas Mitra is said to be 11 months and in case of necessity, the appropriate decision would be taken later for extension of service. Vikas Mitras would not be treated as a Government servant and their services can be terminated for any reason during the period of engagement if their work and conduct is found to be unsatisfactory.

(3.) The appellant was appoint as Vikas Mitra on 26th of March, 2010 in the category of Mahadalit and his services were extended on his request. It was on 16th of Dec., 2013, on the basis of recommendation of District Welfare Officer dated 13th of Dec., 2013, the services of the appellant were dispensed with. In the communication dated 16th December, 2013, there is a reference to another communication dated 1st Nov., 2012. pointing out that in the said Panchayat, Mushahar caste is in majority.