Patna High Court
Pramod Kumar vs The State Of Bihar on 8 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.422 of 2021
In
Civil Writ Jurisdiction Case No.9228 of 2018
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1. Pramod Kumar S/o Shiwji Pandey, Resident of Village - Fatehabad, Block -
Paroo, District - Muzaffarpur.
2. Arbind Kumar, Son of Shyamdeo Singh, Resident of Village - Kaphen
Madaul, Block - Kudhni, District - Muzaffarpur.
3. Pravin Kumar, Son of Lal Narayan Thakur, Resident of Village - Sakriman,
Post Office - Sakri Chandpura, Police Station- Pear, District - Muzaffarpur.
4. Birendra Prasad Singh, Son of Shankar Bhagat, Resident of Village -
Chadhua, Block - Kudhni, District - Muzaffarpur.
5. Madan Kumar Singh, Son of Late Suraj Singh, Resident of Village and Post
Office - Jagdishpur, Police Station- Sahebganj, District - Muzaffarpur.
6. Nawal Kishor Yadav @ Nawal Prasad, Son of Mahendra Prasad Yadav,
Resident of Village - Kanhara, Police Station and Block - Bochaha, District-
Muzaffarpur.
... ... Appellant/s
Versus
1. The State of Bihar.
2. The Director, Directorate of Panchayati Raj, Government of Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The District Panchayati Raj Officer, Muzaffarpur.
5. The Secretary, Bihar Staff Selection Commission, Post Office - Veterinary
College, Patna.
6. Nandeshwar Prasad, Son of Late Pradip Prasad, Resident of village and Post
Office - Chhitrauli, Police Station- Maniyari, District - Mluzaffarpur.
7. Shashi Ranjan Singh, Son of Late Chandra Shekhar Prasad Singh, Resident
of village - Sakarwara Savik, Post Office - Sakarwara, Police Station-
Gayghat, District - Muzaffarpur.
8. Gyan Prakash Singh, Son of Late Gaya Prasad Singh, Resident of Village
and Post Office - Amma, Block - Katra, District - Muzaffarpur.
9. Raj Nandan Rai, Son of Late Sujawal Rai, Resident of Village - Rusalpur,
Post Office - Karnaul, Police Station- Sahebganj, District - Muzaffarpur.
10. Shashi Kant Kumar, Son of Jatadhari Prasad Singh, Resident of Gram
Panchayat - Mohammadpur Gokul, Police Station and Block - Muraul,
District - Muzaffarpur.
11. Vijay Kumar Jha, Son of Rameshwar Jha, Resident of Gram Panchayat
Narauli Binda, Police Station and Block - Musahari, District - Muzaffarpur.
12. Awadh Kishore Sah, Son of Sri Narayan Sah, Resident of Gram Panchayat ,
Patna High Court L.P.A No.422 of 2021 dt.08-05-2025
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Police Station and Block - Minapur, District - Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Arun Kumar, Advocate
For the State : Mr. Manish Kumar, AC to Ex. AAG-6
Incharge AAG-5
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 08-05-2025
The appellants have assailed the order of the learned
Single Judge dated 15.04.2021 passed in CWJC No. 9228 of
2018.
2. Co-ordinate Bench and this Bench is hearing the
matter from 19.12.2024, and the matter is adjourned at the
behest of the respondents for one or the other reason. Time to
time, we have issued direction apprising this Court how the
newly created 75 vacancies of Panchayat Secretary have been
filled up. They could not apprise, however, they are keep on
filing one after another supplementary counter affidavits taking
note of the 2nd supplementary counter affidavit read with 3rd
supplementary counter affidavit. In the 2nd supplementary
counter affidavit Annexure-A dated 07.09.1999, consisting of 42
names, the respondents could not apprise this Court that who are
promoted or appointed as a Panchayat Secretary against 10
Patna High Court L.P.A No.422 of 2021 dt.08-05-2025
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backlog vacancy. On the other hand, in the 3 rd supplementary
counter affidavit, para 10 and 13 it is stated as under:-
"10. That the rest 43 posts of Panchayat
Sewak, which were to be filled up from eligible
Dalpatis after the Panchayat elections, out of
which, two post from Dalpatis were filled up in
pursuant to the order passed in C.W.J.C.
No.13598 of 2001 through letter no.563/Panch.
dated 15-05-2009, their names are mentioned at
serial no.448 and 449 of Roster Register (Awdesh
Prasad Singh and Shiv Pujan Singh).
13. That the recommendation of the
District Selection Committee, dated 09-09-2008,
as contained in letter no.1284/Panchayat, dated
09-09-2008
, was returned via letter
no.2877/Panchayat Raj, dated 26-06-2009, with
the reason provided that the sanctioned posts had
already been properly filled."
3. Perusal of the pleadings in 2nd supplementary counter
affidavit and 3rd supplementary counter affidavit on behalf of
respondents, it is evident that they have failed to apprise this
Court that backlog vacancies could be adjusted against newly
created 75 vacancies of Panchayat Secretary with any State
Government policy. On the other hand, they could not give the
details for 75 vacancies were filled up amongst Dalpatis. It is to
be noted that the post of Panchayat Secretary of 75 vacancies
created were earmarked for Dalpati as a one time measure in the
Patna High Court L.P.A No.422 of 2021 dt.08-05-2025
light of various judicial pronouncements.
4. In the light of these facts and circumstances, we have
to draw inference that 10 backlog vacancies have been adjusted
against 75 vacancies and it should not have been adjusted.
Therefore 10 vacancies of backlog which are adjusted against
75 vacancies should be taken out and the appellants name shall
be considered and suitable order be passed with reference to
their eligibility as on the date of filling up of posts of Panchayat
Secretary pursuant to creation of 75 posts and extend all service
benefits. However, it is made clear that they are not entitled to
difference of salary from the date of filling till
promoting/appointing these appellants to the post of Panchayat
Secretary. The above exercise shall be completed within a
period of three months from the date of receipt/production of a
copy of this order.
5. Accordingly, order dated 15.04.2021 of the learned
Single Judge passed in CWJC No. 9228 of 2018 stands set aside
on the sole ground that the learned Single Judge has not taken
note of material information in particularly how 75 vacancies of
Panchayat Secretary have been filled up. In other words,
without examining the mode of filling up of 75 vacancies is
only from Dalpati or it is inclusive of backlog vacancy, to that
Patna High Court L.P.A No.422 of 2021 dt.08-05-2025
extent the learned Single Judge order is erroneous and it is set
aside.
6. Accordingly, LPA stands allowed.
7. Personal appearance of Mr. Naveen Kumar, DPRO,
Muzaffarpur, Government of Bihar, is hereby dispensed with.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2025
Transmission Date NA
