IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15630 of 2004 1. SHREEKANT YADAV SON OF SHALIGRAM YADAV RESIDENT OF VILLAGE BUDDHU CHAK, P.O. CHOTI NAKI GRAM PANCHAYAT BARI NAKI, BLOCK SANHOLA, P.S. SANHOLA, DISTRICT BHAGALPUR. 2. MD. JAMIL SON OF MD. MAQBOOL RESIDENT OF VILLAGE PIRPAINTI, P.O. PIRPAINTI, DISTRICT BHAGALPUR. 3. CHANDRA HANSH PANDEY SON OF MAHABIR PANDEY RESIDENT OF VILLAGE DIGGHI SEMANPUR, P.S. ISHOPUR (PIRPAINTI) DISTRICT BHAGALPUR. 4. PRAMOD KUMAR MANDAL SON OF CHURAMAN MANDAL RESIDENT OF VILLAGE BARI JAMIN, P.S. SABOUR DISTRICT BHAGALPUR. 5. PARMA NAND YADAV SON OF LATE GAINA YADAV RESIDENT OF VILLAGE DIMHA, P.S. GOPALPUR, DISTRICT BHAGALPUR. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PANCHAYAT RAJ DIRECTORATE, GOVT. OF BIHAR, PATNA. 4. THE COMMISSIONER, BHAGALPUR. 5. THE DISTRICT MAGISTRATE, BHAGALPUR,. 6. THE DISTRICT PANCHAYT RAJ OFFICER, BHAGALPUR, DISTRICT BHAGALPUR. ----------- For the Petitioners :- Mr. Farooque Moazzam. For the State :- Mr. Bibhakar Tiwary, A.C. to G.P. XIX ------ 4 16/08/2010 These petitioners are supposed to be trained Dalpatis who are claiming right of appointment on the post of Panchayat Sewak in the different blocks of district of Bhagalpur. For a long period of time no appointments were made on the post of Panchayat Sewak due to general ban and - 2 - now when that ban has been lifted, a rule notified by the State of Bihar dated 15.01.2004 which has been brought on record as Annexure-B in the counter affidavit filed on behalf of respondent no. 6 is being held out against them for their non consideration for appointment on the said post. Learned counsel for the petitioners brings to my notice a decision rendered in the case of Amod Kr. Singh Vs. State of Bihar and others reported in 2005(2) PLJR, 1. In a similar circumstance, a question for consideration arose before the Court whether Dalpatis had a right for consideration for being appointed as a Panchayat Sewak. Even question of making the said rule applicable from a retrospective date was an issue which was considered by the learned Single Judge. The Court while discussing the issue concluded in paragraph 8 of the said decision which is quoted here-in-below :- “ Having heard the counsel for the parties and having perused the pleadings filed by them, I am of the view that the rules, annexure-B, have been notified with retrospective effect without indicating specific reasons for notifying the same with retrospective effect as also without placing those rules before the Houses of Legislature as is required under sections 121 (2) and 142 of the Act. Accordingly the rules cannot have retrospective operation unless reasons therefor are specified and placed before the - 3 - Houses of Legislature. Petitioners and other Dalpatis are paid stipend of Rs.175/- per month they have been waiting patiently for financial position of the State to improve, so that the ban imposed on appointment of Panchayat Sewak (Secretary) since 1986 and reiterated from time to time is removed and they are considered for appointment on the post of Panchayat Sewak (Secretary). Now, when the ban imposed on the aforesaid appointment of Panchayat Sewak (Secretary) has been removed under instructions of the Chief Secretary, Bihar issued from the Finance Department bearing letter No. 6139 dated 23.08.2004, annexure-8, then it shall be highly arbitrary and violative of Article 14 of the Constitution to relegate the Dalpatis beyond the zone of consideration for appointment on the post of Panchayat Sewak (Secretary) by notifying the Rules with retrospective effect from 27.7.2001 without specifying reasons therefor and placing those reasons in the Houses of Legislature as is required under sections 121(2) and 142 of the Act. It is, accordingly, held that petitioners and other Dalpatis are within the zone of consideration for appointment on the post of Panchayat Sewak (Secretary). Respondents have not filled up the posts of Panchayat Sewak (Secretary) created in terms of the orders of this Court dated 4.12.1996 annexure-3, on account of financial stringency and the ban imposed on those appointment has since been removed under the instructions of the Chief Secretary, Bihar issued from the Finance Department bearing letter no. 6139 dated 23.8.2004, annexure-8, as such the authorities are obliged to fill up all the vacant posts of the Panchayat Sewaks (Secretary) created under letter no. 2610 dated 20.8.1998, annexure-4, in compliance of the order of this Court dated 4.12.1996, annexure-3. The process to fill up the vacant posts of Panchayat Sewak (Secretary) within the district of Gopalganj was initiated much before the filing of the writ case should be completed within a period of four - 4 - months from the date of receipt/production of a copy of this order.” In view of the decision and the findings recorded by the learned Single Judge in the case of Amod Kr. Singh (Supra), present writ application is disposed of with a direction upon the District Magistrate to do the needful in terms of the decision rendered in the case of Amod Kr. Singh (Supra) This writ application is allowed in terms of the above. AMIN (Ajay Kumar Tripathi, J.)