IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3101 of 2007 Ashok Kumar Jha, S/o Sri Kulanand Jha, resident of Moh. Kaiderabad, P.S. University Thana Town & distt. Darbhanga, at present posted as Correspondence Clerk, attached to the office of Asstt. Engineer, Sub Divn., Bihar Agriculture Marketing Board, Darbhanga Versus 1. The State Of Bihar 2. Bihar Agriculture Marketing Board Pant Bhawan, Patna through its Administrator 3. Sri Naveen Kumar, Financial Commissioner, Bihar, Patna 4. Sri N.S. Madhavan, Agriculture Production Commissioner, Bihar, Patna 5. Shri Amir Subhani, Secretary, Personnel & Administrative Reforms Department, Bihar, Patna 6. Shri B. Rajendra, Administrator, Bihar Agriculture Marketing Board, Pant Bhawan, Patna 7. Members of the Committee constituted under Section 6 of the Bihar Agriculture Produce Market Act, 2006 with CWJC No.3923 of 2007 1. Shailendra Kumar Jha S/o Sri Dineshwar Jha, resident of village Bakani, P.O. & P.s. Bahera, Distt. Darbhanga 2. Mehdi Hassan, S/o late Nasiruddin, resident of village Bhalai, P.O. Dih Tola Kaluahi, P.S. Kaluahi, Distt. Madhubani 3. Sunil Kumar Mishra, s/o late Dayanath Mishra, resident of village Kharajpur, P.S. Bahadurpur, Distt. Darbhanga 4. Ajit Kumar Thakur, S/o Jay Mangal Thakur, resident of village, P.O. & P.S. Brahmpur, Distt. Darbhanga All posted as Class IV Employees in the Office of the Executive Engineer, Agriculture Marketing Board Division (Dissolution), Muzaffarpur Versus 1. The State Of Bihar 2. Bihar Agriculture Marketing Board (under Liquidation) Pant Bhawan, Patna through its Administrator 3. Secretary, Bihar Agriculture Marketing Board (under Liquidation) Pant Bhawan, Patna…… Respondents 1st party 4. Shri Naveen Kumar, Financial Commissioner, Bihar, Patna 2 5. Sri N.S. Madhavan, Agriculture Production Commissioner, Bihar, Patna 6. Shri Amir Subhani, Secretary, Personnel & Administrative Reforms Department, Bihar, Patna 7. Shri B. Rajendra, Administrator, Bihar Agriculture Marketing Board, Pant Bhawan, Patna 8. Members of the Committee constituted under Section 6 of the Bihar Agriculture Produce Market Act, 2006 with CWJC No.957 of 2008 Praveen Kumar @ Pravin Kumar, S/o Late Mahanth Tiwari, resident of village Radhia, P.S. Govindganj, District East Champaran. Versus 1. The State Of Bihar, through Agriculture Production Commissioner, Department of Agriculture, Govt. of Bihar, Patna. 2. Bihar State Agriculture Marketing Board, Bihar, Abolished Pant Bhawan, Patna through its Managing Director. 3. The Chairman, Bihar State Agriculture Marketing Board, Bihar, Pant Bhawan, Patna(Abolished). 4. The Marketing Secretary, Bihar State Agriculture Marketing Committee(Abolished) Motihari. 5. The Special Officer cum Sub-Divisional Officer, Agriculture Produce Marketing Committee(Abolished) Motihari. 6. The Special Officer cum Sub-Divisional Officer, Agriculture Produce Marketing Committee(Abolished) Chakia. 7. The Marketing Secretary Agriculture Produce Marketing Committee(Abolished) Chakia. 8. Administrator, Bihar State Agriculture Marketing Board, Patna. with CWJC No.16491 of 2008 1. Mahendra Sahni son of Late Motilal Sahni resident of village & P.S. Banmankhi, District Purnia at present posted as Electric Mechanic on daily wages basis in the Agriculture Produce Market Committee (abolished), Bihariganj, District Madhepura 2. Arjun Sah son of Late Chhotkan Sah resident of village Mohanpur choumukh P.S. Bihariganj District Madhepura. At present posted as security Guard on daily wages basis in the Agriculture Produce Market Committee(abolished) Bihariganj, District Madhepura. 3 3. Indeshwari Mehtar son of Sri Mahabir Mehtar resident of village & P.S. Bihariganj, District Madhepura, at present posted as Jharukash(sweeper) on daily wages in the Agriculture Produce Market Committee(abolished) Bihariganj, District Madhepura. Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Finance Commissioner at present known as Principal Secretary, Department of Finance Old Secretariat, Bihar, Patna 3. The Agriculture Production Commissioner, at present known as Principal Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 4. The Secretary, at present known as Principal Secretary, Personnel and Administrative Reforms Department of Agriculture, New Secretariat, Bihar, Patna 5. The Joint Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 6. The Administrator, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 7. The Secretary, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 8. The Sub-Divisional-cum- Special Officer, Agriculture Produce Market Committee (abolished), Bihariganj, District Madhepura. 9. The Market Secretary, Agriculture Produce Market Committee(abolished) Bihariganj, District Madhepura. with CWJC No.17309 of 2008 1. Safdar Alam son of Md. Gulam Hussain Resident of village Rampur, P.S. Ariari, District Shekhpura 2. Bameshwar Singh son of Sri Lakshmi Singh Resident of village Azni P.S. Belaganj, District Gaya 3. Ramji Prasad son of Sri Govind Ram Resident of Village Chandan Chaura, P.S. Civil Line, District Gaya 4. Sachidanand Singh Son of Sri Jagnandan Singh, Resident of Mohalla Vivkaipur, P.S.Antari, District Gaya All are daily wages Class IV Grade terminated employees of the Agriculture Produce Market Committee (abolished), Gaya. Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Finance Commissioner at present known as Principal Secretary, Department of Finance Old Secretariat, Bihar, Patna 4 3. The Agriculture Production Commissioner, at present known as Principal Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 4. The Secretary, at present known as Principal Secretary, Personnel and Administrative Reforms Department of Agriculture, New Secretariat, Bihar, Patna 5. The Joint Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 6. The Administrator, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 7. The Secretary, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 8. The Sub-Divisional-cum- Special Officer, Agriculture Produce Market Committee (abolished), Gaya, District Gaya with CWJC No.932 of 2009 Chandra Deo Poddar s/o Late Makudan Lal Poddar Resident of Village Bhat Dala, Club Field P.S. Thakurganj, District Bhojpur Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Finance Commissioner at present known as Principal Secretary, Government of Bihar, Department of Finance Old Secretariat, Bihar, Patna 3. The Agriculture Production Commissioner, at present known as Principal Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 4. The Secretary, at present known as Principal Secretary, Personnel and Administrative Reforms Department of Agriculture, New Secretariat, Bihar, Patna 5. The Joint Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 6. The Administrator, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 7. The Secretary, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 8. the Sub-Divisional-cum- Special Officer, Agriculture Produce Market Committee (abolished), Thakurganj, District Kishanganj with CWJC No.1240 of 2009 5 1. Mahboob Alam S/o Sarfuddin Resident of Village Panasi Post Panasi Hat P.S. Pahar Katuta District Kishanganj, Daily wages Class III (Storekeeper) Employees of the Agriculture Produce Market Committee Bahadurganj, District Bahadurganj 2. Md. Islamuddin S/o Late Nazaf Ali Resident of Village Haptiya, Post Gangagi Hat P.S. Bahadurganj, District Kishanganj. Daily wages Class III (Record Keepter) Employees of the Agriculture Produce Market Committee Bahadurganj, District Bahadurganj 3. Deonarayan Jha S/o Late Jaldhar Jha Resident of Village and Post Nahashrupauli P.S. Biski District Madhubani. Daily wages Class III (Record Keeper) Employees of the Agriculture Produce Market Committee Bahadurganj, District Bahadurganj 4. Nawal Kishore Prasad S/o Gang Prasad Resident of Dumra Ward no. 5, P.S. Dumra, District Sitamarhi. Daily wages Class III (Electric Mechanic) Employees of the Agriculture Produce Market Committee Bahadurganj, District Bahadurganj 5. Sanicharlal S/o Sri Nemlal Resident of Village Nihal Bhag Satal Post and P.S. Bahadurganj, District Kishanganj. Daily wages Class IV Grade (Gardenor) Employees of the Agriculture Produce Market Committee Bahadurganj, District Bahadurganj 6. Mohan Mallick Son of Late Dinae Mallick Resident of Village, Post and P.S. Bahadurganj, District Kishanganj. . Daily wages Class IV Grade (Sweeper) Employees of the Agriculture Produce Market Committee Bahadurganj, District Bahadurganj Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Finance Commissioner at present known as Principal Secretary, Department of Finance Old Secretariat, Bihar, Patna 3. The Agriculture Production Commissioner, at present known as Principal Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 4. The Secretary, at present known as Principal Secretary, Personnel and Administrative Reforms Department of Agriculture, New Secretariat, Bihar, Patna 5. The Joint Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 6. The Administrator, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 7. The Secretary, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 6 8. the Sub-Divisional-cum- Special Officer, Agriculture Produce Market Committee (abolished), Bahadurganj, District Kishanganj with CWJC No.1355 of 2009 1. Umesh Chandra Prasad S/o Late Sheo Pujan Prasad Resident of Village and P.S. Bihiyan, District Bhojpur 2. Damodar Choudhary son of Kaleshwar Choudhary Resident of Village Malahi Post Shukhpur P.s. & District Suppaul Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Finance Commissioner at present known as Principal Secretary, Department of Finance Old Secretariat, Bihar, Patna 3. The Agriculture Production Commissioner, at present known as Principal Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 4. The Secretary, at present known as Principal Secretary, Personnel and Administrative Reforms Department of Agriculture, New Secretariat, Bihar, Patna 5. The Joint Secretary, Department of Agriculture, New Secretariat, Bihar, Patna 6. The Administrator, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 7. The Secretary, Bihar State Agriculture Marketing Board (abolished) Pant Bhawan, Bailey Road, Patna 8. the Sub-Divisional-cum- Special Officer, Agriculture Produce Market Committee (abolished), Kishanganj, District Kishanganj ----------- For the Petitioners :M/s Yogendra Mishra, Raghunath Kumar & Jai Prakash Verma, Advocates For the State :Mr. Sunil Kumar Mandal, S.C. 15 For the Board :M/s B.K. Singh Chauhan & Rajeev Roy, Advocates 03/ 28.09.2010 Heard learned counsel for the petitioners, the State and the Bihar State Agricultural Marketing Board (Dissolved) (hereinafter referred to as the Board), Sri B.K. 7 Singh Chauhan, who prays for time to file counter affidavit in these matters, but such prayer is being refused, as these writ petitions were filed in the years, 2007, 2008 and 2009 and the Board has already filed counter affidavit in C.W.J.C. Nos. 3923 of 2007 and 957 of 2008 and in all these matters the engagement/ services of the petitioners have been terminated in compliance of the general direction of the Administrator dated 12.2.2007, 12.2.2007, 16.10.2006, 26.3.2007, 26.2.2007, 28.2.2007, 28.2.2007, 28.2.2007 respectively to terminate the services of the petitioners. 2. The validity of the general direction of the Administrator has been considered by this Court under orders dated 27.8.2010, passed in C.W.J.C. No. 12641 of 2010 and other analogous matters and this Court has held the general direction to be in teeth of Section 6 of the Bihar Agriculture Produce Market (Repeal) Act, 2006. 3. Having heard counsel for the parties, the present batch of writ petitions are also disposed of exactly in the same terms which is contained in order dated 27.8.2010, passed in C.W.J.C. No. 12641 of 2010 and other analogous matters and the orders dated 12.2.2007, 8 Arjun/ 12.2.2007, 16.10.2006, 26.3.2007, 26.2.2007, 28.2.2007, 28.2.2007, 28.2.2007 respectively terminating the services of the petitioners are quashed. 4. The writ petitions are, accordingly, allowed. (V.N. Sinha, J.)