Patna High Court
Surendra Kumar Singh vs The State Of Bihar on 6 February, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1053 of 2025
======================================================
Surendra Kumar Singh Son of Tej Narayan Singh, Resident of Village-
Bashiyaram, Ward No.- 16, Post Office- Fathahpur, P.S. Fathapur, District-
Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The District Collector, Sheohar.
3. The Deputy Collector, Establishment, Sheohar.
4. The Block Development Officer, Dumri- Katsari Block, District- Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Respondent/s : Mr. Arif Daula Siddiqui, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 06-02-2025
Heard the parties.
2. The petitioner has invoked the jurisdiction of this
Court seeking a direction upon the respondent authorities to
consider the candidature of the petitioner for re-appointment/re-
engagement on the post of Class-IV Peon on contract basis, in
terms of Resolution No. 10000 dated 10.07.2015.
3. Learned Advocate for the petitioner contended that
the Government of Bihar in the Department of General
Administration brought a resolution for engagement of
superannuating/superannuated employees on contract basis up
to the age of 65 years on need basis vide Memo No. 10000
Patna High Court CWJC No.1053 of 2025 dt.06-02-2025
2/4
dated 10.07.2015.
4. The petitioner, a Class-IV employee, posted at
Office of the Block Development Officer, Dumri Katsari,
District-Sheohar was retiring on 31.10.2023 applied for re-
engagement/re-employment, in terms of the aforenoted
resolution. The Block Development Officer, Dumri Katsari,
District-Sheohar on being found the petitioner suitable and
hardworking, forwarded the application of the petitioner with
his recommendation to the competent authority, the copy of
which is marked as Annexure-P/2. The meeting of the Selection
Committee headed by the District Collector was held on
10.08.2023
, but as the date of superannuation was on
31.10.2023, the case of the petitioner was placed for next
meeting.
5. Notwithstanding, the aforesaid facts, till date, the
petitioner kept waiting for final decision in relation to his re-
engagement/re-employment on contractual basis, but no
decision has been taken. In the meanwhile, identically situated
persons, who were also superannuated and applied for their re-
engagement/re-employment, their claims have been considered
and they have been engaged.
6. Learned Advocate for the petitioner further
Patna High Court CWJC No.1053 of 2025 dt.06-02-2025
contended that on assurance given by the Block Development
Officer, Dumri Katsari, District-Sheohar and the District
Magistrate, Sheohar in the anticipation of his re-employment,
the petitioner has been continuously working on the said post.
The Block Development Officer, Dumri Katsari, District-
Sheohar on being satisfied with the work of the petitioner has
also made strong recommendation vide letter no. 821 dated
14.10.2024, but the claim of the petitioner has not been
considered.
7. Learned Advocate for the State submits that since
the final decision is required to be taken at the level of Selection
Committee headed by District Magistrate, Sheohar, where the
claim of the petitioner is pending consideration, final decision
shall be taken by the competent authority.
8. Having considered the submissions advanced on
behalf of the learned Advocate for the respective parties and
taking note of the fact that the petitioner on being found suited
for re-engagement/re-employment, the Block Development
Officer, Dumri Katsari, District-Sheohar made a recommendation
for consideration of his claim, in terms of resolution no. 10000
dated 10.07.2015, it is expected that the respondent no. 2
shall consider the case of the petitioner and pass a final
Patna High Court CWJC No.1053 of 2025 dt.06-02-2025
order, preferably within a period of eight weeks', from the date
of receipt/production of a copy of this order.
9. The writ petition stands disposed off.
10. Suffice it to observe that if the petitioner has been
allowed to discharge the work on the post of peon in
anticipation of his re-employment, the same is also required to
be verified and if the work has been taken, the remuneration for
his work must be given to him.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.02.2025
Transmission Date NA
