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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 3/4 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 4/4
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.
shivank/- (Harish Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2025 Transmission Date NA