IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1253 of 2011 (Arising out of order dated 18.9.2008 passed in M.J.C. No. 2157 of 2006 read with order dated 21.10.2008 in the said M.J.C.) 1. Raj Nandan Prasad, son of Sri Jagmohan Prasad, resident of village and Post Office-Dema Fatepur, Under Gram Panchayat-Maksudpur, Police Station and Block-Khijar Sarai. 2. Akhilesh Kumar, son of Sri Jagdish Singh, resident of village- Tankuppa Under Gram Panchayat-Bhimpur Manjhiawan, P.O.- Tankuppa, Police Station and Block-Konch. 3. Anil Kumar, son of Sri Raj Nath Singh, resident of village, Post Office and Gram Panchayat-Jalalpur, P.S. & Block-Tikari. 4. Balram Singh, son Jageshwar Singh, resident of village-Lath Bigha, Post Office-Chiralli, Gram Panchayat-Ismailpur, Police Station and Block-Khijar Sarai. 5. Vijay Prasad Yadav, son of Sri Raghubir Prasad, resident of village- Bardag, Post Office and gram Panchayat-Amba Tan, Police Station and Block-Mohanpur. 6. Yugal Kishore Yadav, son of Sri Prayag Yadav, resident of village and Gram Panchayat-Garbaiya Post Office-Patluka, P.S. & Block- Barachatti. 7. Vinod Kumar, son of Sri Ram Swroop Singh, resident of village and Post Office-Bathani, Gram Panchayat-Kamalpur, P.S. –Atari, Nimchak Bathani. 8. Ram Pukar Prasad, son of Sri Chendradeo Yadav, resident of village- Shabajpur, Post Office-Nepa Fatepur, Gram Panchayat-Sahaajpur, Police Station and Block-Tekari. 9. Akhilesh Kumar, son of Siya Saran Singh, resident of village-Pachay, Post Office-Skhadi, Gram Panchayat-Budurama, Police Station- Nimchak, Bathani, Block-Atari. 10. Jainil Sharma, son of Sri Bharat Sharma, resident of village-Post Office and Gram Panchayat-Mimsar, P.S. & Block-Tikari. 11. Saket Kumar Singh, son of Sri Baleshwar Singh, resident of village, P.O. and Gram Panchayat-Berka, P.O. & Block-Atari. 12. Mohan Prasad, son of Kameshwar Prasad, resident of village and P.O.-Pakri, Gram Panchayat-Jalappa, P.O.& Block-Gurua. 13. Shashi Bhushan Singh, son of Sri Ram Prasad Singh, resident of village-Barhet, Post Office-Raniganj, Gram Panchayat-Kocheya, P.S. & Block-Imamganj. 14. Sukhdeo Yadav, son of Sri Panchu Yadav, resident of village- Bahwalpur, Post Office-Agni, Gram Panchayat-Kachnawa, P.S. & Block-Belaganj. 15. Subhash Kumar, son of Late Kalicharan Prasad, resident of village- Ghaghar, Post Office-Sherghati, Gram Panchayat-Mohanpur, Police Station and Block-Sherghati. (All the petitioners belong to District- Gaya)……………………………………………………..Petitioners Versus 1. The State of Bihar. 2. Manoj Kumar Srivastava, the Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna. 2 3. Amarendra N. Singh, the Chairman/Secretary, The Bihar Staff Selection Commission, Patna. 4. A.K.Sharma, the Director, Directorate of Panchayati Raj, Govt. of Bihar, patna. 5. Sanjay Singh, the Commissioner, Magadh Division, Gaya. 6. Sanjay Kumar, the District Magistrate, Gaya. 7. Durgesh Nandan, the Deputy Development Commissioner, Gaya. 8. Abdul Rajak, the District Panchayat Officer, Gaya…………………………………..Contemnor/Opposite Parties. Counsel for the petitioners : Mr. Jitendra Kumar Roy (in both cases). Counsel for the State : Mr. Syed Arshad Alam (SC-III) Mr. Fakhruddin Ali Ahmad Asst. c. to SC-III With MJC No.2578 of 2009 (Arising out of the order dated 3.1.2006 passed in C.W.J.C. No. 14561 of 2003 and its analogous cases) 1. Rabindra Sharma son of Sri Brij Nandan Singh, resident of village & Post, Police Station and Block-Dhanarua. 2. Shyam Nandan Sharma, son of Late Kul Kewal Sharma resident of village-Baghakole, Post-Patut, Police Station and Block-Bikram. 3. Saroj Kumar, son of Late Hardeo Singh, resident of Village-Mera, Post-Khanpura, Police Station & Block-Paliganj. 4. Ram Vijay Singh, son of Late Baleshwar Singh, resident of village & Post Selhauri, Police Station & Block-Dulhin Bajar. 5. Nand Lal Prasad Singh son of Late Jagdeo Pd. Singh resident of village-Jamunapur, Post Amhara, Police Station & Block-Bihta. 6. Arbind Kumar son of Sri Raja Ram Singh, resident of village & Post Amarpura Police Station & Block -Naubatpur. 7. Bhimraj Yadav, son of Sri Metar Yadav, resident of village & Post- Sadawah, P.S.& Block-Dulhin Bazar. 8. Ashok Kumar, son of Sri Punkali Rai, resident of village & Post- Puranapanapur, P.S. & Block-Danapur. 9. Lalan Sharma, son of Sri Narmdeshwar Singh, resident of village- Maner Tipa, Post, P.S. & Block-Bikram. 10. Mahesh Prasad Singh, son of Late Sri Ramdevan Singh, resident of village-Jahanpur Post-Pabhera, Police Station & Block-Dhanarua. 11. Binod Kumar Singh, son of Late Bijendra Singh, resident of village & Post-Paimar Ghat, P.S. & Block-Punpun. 12. Anuj Kumar son of Sri Arvind Kumar, resident of village-Simra, post & P.S.-Parsha Bajar, Block-Phulwarisharif. 13. Dineshwar Rai, son of Late Punai Rai, resident of Village- Haldi Chhapra (Dhajwa Tola) Post Mangal Pal (Dudhaila) Police Station & Block-Maher. 14. Jai Ram Singh son of Sri Mundrika Singh, resident of village- Rupash Hasanchak, Post-Rahimpur, P.S.-Athmal Gola, Block-Barh. 15. Dhrvsen Kumar, son of Late Ram Sharan Yadav, resident of village –Meura, Post-Fulepura, P.S. & Block-Athmal Gola. 16. Kameshwar Bhagat, son of Late Hari Narain Bhagat, resident of village –Khaira, Post-Lakhna, P.S.-Gaurichak, Block-Punpun. 3 17. Ramesh Kumar Sharma son of Sri Muneshwar Sharma, resident of village-Kamalpura, Post-Korawan, P.s. & Block-Naubatpur. 18. Chandra Shekhar Kumar, son of Late Deo Sharan Singh, resident of village-Kancura, Post-Sigori, Police Station & Block-Paliganj. 19. Yogendra Kumar, son of Sri Bashishtha Singh, resident of village & Post-Mashaurha, Police Station & Block-Paliganj. 20. Ram Kumar Singh, son of Sri Chandeshwar Prasad Singh, resident of village-Jaman Bigh, Post Khalilabad, Netaul, Police Station & Block-Dhanarua. 21. Kumar Ajay Sharma, son of Late Rajeshwar Pd. Sharma, resident of village-Fatehpur, Post-Shahar Rampur, P.S. & Block-Naubatpur. 22. Nageshwar Pd. Son of Sri Ram Biksha Singh, resident of village & Post- Rasoolpur, P.S.& Block-Fatuha. 23. Ramesh Kumar Singh son of Late Babua nand Singh, resident of village Chilbili, Post-Nisarpura, P.S. & Block-Phulwarisharif (All belongs to the District of Patna. …………………………………………Petitioners Versus 1. The State of Bihar. 2. Deepak Prasad the Secretary, Department of Panchayati Raj, Government of Bihar, Patna. 3. Amarendra Narain Singh, the Chairman/Secretary, the Bihar Staff Selection Commission, Patna. 4. Baidnath Prasad, the Director Directorate of Panchayati Raj, Govt. of Bihar, Patna. 5. Sunil Kumar Berthwal, the Commissioner, Patna. 6. Jitendra Kumar Sinha, the District Magistrate, Patna. 7. Rajiv Ranjan Sinha, the Deputy Development Commissioner, Patna. 8. Harinarayan Paswan, the District Panchayat Officer, Patna………………………………… Contemnor/Opposite Parties. Counsel for the State : Mr. Rajesh Kumar Verma (SC-17). ----------------- 3. 13.9.2011 Heard learned counsel for the petitioners and learned counsel for the State. The order of the Division Bench contained in Annexure-1 dated 18th September, 2008 required the State to follow certain decisions and to consider the case of the petitioners in the light of said decisions or orders while making appointment for Panchayat Sewaks. It was clarified that no appointment to the post of Panchayat Sewak shall be made without adhering to the 4 aforesaid orders. Petitioners have raised a grievance that an ex- employee of the dissolved Bihar State Agricultural Marketing Committee has been absorbed/appointed on the post of Panchayat Secretary which is the new nomenclature under the Panchayati Raj Act of 1993 for the old post of Panchayat Sewak. According to the petitioners such appointment violates the direction of the Division Bench contained in Annexure-1 because the earlier decisions were not followed and cases of the petitioners were not considered. Learned counsel for the State has placed reliance upon the Division Bench judgment of this Court in the case of State of Bihar Vs. Subhash Chandra Sukla 2009 (4) P.L.J.R. 569 and another Division Bench judgment in three contempt applications, dated 19.4.2011 which has been annexed as Annexure-G, to which one of us was party. The judgment contained in Annexure-G placed reliance upon judgment of the Division Bench in the case of Subhash Chandra Sukla (supra) and in paragraphs 9 and 10 it considered a similar absorption of surplus and retrenched employees of Bihar State Agricultural Marketing Board to hold that such absorption of surplus or retrenched employees cannot be construed to mean regular recruitment to the post of Panchayat Sewak. In the case of Subhash Chandra Sukla (supra) it was clarified that post of Panchayat Secretary is a new post having different qualifications and responsibilities compared to the post of 5 Panchayat Sewak which does not exist any more. Following the earlier view in Annexure-G as well as considering the judgment in the case of the State of Bihar Vs. Subhash Chandra Sukla, we find that no case for contempt is made out against the opposite parties. Both the Contempt Petitions are, therefore, dismissed. Our attention was drawn by learned counsel for the petitioner to Annexure-I to the show cause which disclosed that the Department of Panchayati Raj, Government of Bihar has issued certain directions so that posts of Panchayat Secretary may be filled up in accordance with Rules of 2011. Our attention was also drawn to Rule 14 of the Rules which is the saving clause clarifying that notwithstanding the repeal of Bihar Panchayat Raj Act, 1947, the appointments of the Panchayat Sewaks made under Section 77 of the said Act and directions issued in that regard from time to time by the Government shall continue to be valid. We are not concerned with the validity of appointments of Panchayat Sewak already made under Section 77 of the earlier Act of 1947. So far as the fresh exercise for recruitment to the post of Panchayat Secretary is concerned, that is being considered under the Rules of 2011 and we are not called upon in the present Contempt proceeding to make any comment on the aforesaid recruitment exercise. 6 It goes without saying that if the petitioners have got the required eligibility they will be at liberty to file applications as candidates in that recruitment exercise. Even otherwise, if aggrieved by said exercise, they would be at liberty to ventilate their grievances through appropriate proceeding in accordance with law. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)