Patna High Court
Ajay Kumar vs The State Of Bihar And Ors on 25 January, 2024
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17285 of 2014
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Ajay Kumar S/o Mantun Tanti Resident of Village Choti Balia, Chak Makhan,
Tola, P.O. lakhminiya, P.S. Balia, District Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Human Resource
Development, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. Director-cum-Secretary, Bihar State Midday Meal Scheme, Patna.
4. The District Magistrate, Begusarai.
5. The District Education Officer, Begusarai.
6. The Sub-Divisional Education Officer-cum-Officer in Charge, Midday Meal
Scheme, Begusarai.
7. The District Superintendent of Education, Begusarai.
8. The Block Education Extension Officer, Mansoorchak Block, Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the MDM : Mr. Girijish Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 25-01-2024
1. No one appears for the petitioner. Learned counsel
for the Mid Day Meal Scheme is present.
2. The petitioner has filed the instant application for
the following relief(s):-
1. (i) To set aside the order vide letter no. 827 dated
01.07.2013
issued by Officer- in charge midday meal
scheme, Begusarai as well as the order dated
11.12.2013 passed in Appeal before Bihar State
Midday Meal Scheme, Bihar, Patna and by which the
petitioner has been terminated from his service as
Patna High Court CWJC No.17285 of 2014 dt.25-01-2024
Prakhand Sadhan Sebi of Prakhand Mansourchak in
the District of Begusarai to Renistate the petitioner on
the previous post and allow him to work as Prakhand
Sadhan Sebi in the Prakhand Mansour Chak of the
District- Begusarai."
3. The case of the petitioner as borne out from the
contents of the writ application is that the petitioner having
applied for and participated in the interview for appointment on
the post of Prakhand Sadhan Sevi, Mid Day Meal Scheme was
selected on 23.2.2010 and soon thereafter gave his joining
before the Sub-Divisional Education Officer- Cum- In-charge of
Mid Day Meal Scheme, Begusarai. The respondent authorities
issued different show cause notices dated 20.10.2012,
19.9.2012, 4.1.2013 4.3.2013 and 3.4.2013 to which the
petitioner replied. Not being satisfied, the authority terminated
the petitioner from the said post. It is a case of the petitioner that
the post of Prakhand Sadhan Sevi is still vacant and as such the
order dated 1.7.2013 as also the order dated 11.12.2013 passed
in appeal terminating the service of the petitioner, both be set
aside and the petitioner be allowed to work in the said capacity.
Counter affidavits have been filed by the respondents including
the Director- cum- Secretary, Bihar State Mid Day Meal
Scheme, Patna (respondent no.3).
Patna High Court CWJC No.17285 of 2014 dt.25-01-2024
4. Learned counsel for the respondents in reference to
the counter affidavit filed on behalf of the respondent no.3 as
also the orders impugned dated 1.7.2013 and 3.3.2014 submits
that the appointment in question is a contractual appointment
under the Mid Day Meal Scheme. From the order impugned it
would transpire that in view of the decision taken by the District
Level Committee in its meeting held on 20.6.2013, the reply to
show cause filed by the petitioner was found to be
unsatisfactory and the District Level Selection Committee
decided not to extend the contract of the petitioner. Learned
counsel further refers to the order dated 28.2.2018 (Annexure
R3/B) passed in CWJC no.14475 of 2008 to submit that the writ
petition itself relating to contractual engagement under the Mid
Day Meal Scheme, the same is not maintainable.
5. Having heard learned counsel for the parties and
having perused the material on record, this Court is of the
opinion that the matter in issue relates to contractual
engagement of the petitioner under the Mid Day Meal Scheme,
the contract having ended by the authority concerned by not
extending the contract of the petitioner for a further period, the
writ application filed by the petitioner under Article 226 of the
Constitution is not maintainable. The Court finds no merit in
Patna High Court CWJC No.17285 of 2014 dt.25-01-2024
the instant writ application and the same is dismissed.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR
CAV DATE N/A
Uploading Date 29.01.2024.
Transmission Date N/A
