RUPA KUMARI SHRAMA Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) IN all these writ applications the prayer of the petitioners are similar as such they have been heard together and are being disposed of by a common order.

(2.) PRAYER of the petitioners in all these writ applications is for quashing of Office order no. 126 dated4.5.2007 issued by the Commissioner -cum -Secretary, Rural Development Department, Government of Bihar, I 'alna in pursuance of the order contained in Memo no. 1624 dated 22.2.2007. whereby the petitioners have been transferred to different blocks in the State of Bihar after being absorbed as government servant. All these writ applications were heard along with C.W.J.C.No.6467 of 2007 as the petitioners have challenged their transfer order issued by the Commissioner -cum - Secretary, Rural Development Department, Government of Bihar contained in Office order no. 126 and 127 dated 4.5.2007 on the basis of the resolution contained in Memo no.2828 dated 29.3.2007 erroneously absorbing the petitioners as government servants. I found that the case of petitioners in C.W.J.C.No.6467 of 2007. is different from the case of the petitioners in all other writ applications as such they are being disposed of by two different orders.

(3.) PETITIONERS in all these writ applications are working on the post of Lady Extension Officers. Their case is that for smooth functioning of the integrated Rural Development Programme (hereinafter referred to as the I.R.D.P.) and for strengthening the block administration, through Memo no.4452 dated 11.5.1993, 195 posts of Lady Extension Officers were sanctioned and created by the Bihar Government in the first phase. These posts were under the administrative control of Rural reconstruction and Panchayat Raj department.. Later on as per requirement the strength of posts was increased time to time and the present strength of Lady Extension Officer is 276. Though the post was created and sanctioned at the State level under the Rural Development Department, but as per the requirement the appointees were posted at different places and put under the control of Divisional Commissioner. Initially the Divisional Commissioner was vested with the power of appointment but subsequently the State Government realized and considered that the Lady Extension Officers have to work under the District Magistrate under various blocks as such the District Magistrates were delegated with the power to issue appointment letters on the basis of recommendation made by the Selection committee headed by the Divisional Commissioner. Procedure for appointment on the post of Lady Extension Officer was circulated through Memo no. 12294 dated 29.12.1983 to all Divisional Commissioner in the State of Bihar by Rural reconstruction and Panchayat Raj department. A selection committee under the Chairmanship of the Divisional Commissioner was constituted which was required to select the candidates and send the names of the selected candidates to the District Magistrate for their appointment. Appointment was to be made as per guidelines issued by the Personnel and Administrative Reforms Department time to time. The reservation policy of the government for appointment in the government service was also to be followed in selection and appointment, as per the circular, the local candidates were required to be given first preference and only in case of non availability of the local candidates outsiders were to be selected. As per the circular/guideline the expenditure incurred on the posts was to be made under the budgetary head 314 Society Development -GA - Village Construction Scheme.