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1996 DIGILAW 597 (PAT)

Jnan Chandra Bhardwaj v. State of Bihar

1996-09-12

D.P.WADHWA, SUDHANSU JYOTI MUKHOPADHAYA

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Order We have heard learned counsel for the parties and have also gone through the records of those cases. The position that emerges and the directions given are as under : 1A. Mr. Sinha says that as per the statement filed by the High Court there are at prasent 712 Judicial Magistrates and for them equal number of A.P.Ps have to be appointed. He further says that 434 A.P.Ps. are already working arid the Government has given an advertisement for 118 posts of A.P.Ps. He further says that under some mistake advertisement has been given for 118 posts in place of 128 posts. He says that a Corrigendum for 10 posts will be issued. Mr. Sinha further says that 150 posts of A.P.Ps. have been sanctioned a couple of days earlier by the Government and thus making a total of 712 posts of A.P.Ps. Mr. Sinha submits that all vacant posts shall be filled up on or before 31st of December, 1996 those advertised and sanctioned. 2. As per the advertisement for recruitment to the posts of A.P.Ps. which is at Annexure-4 to the reply affidavit filed on behalf of the counter affidavit, it is mentioned that AP.P.s, shall be provided with free residential quarters and dress allowance. 3. Mr. Sinha says that out of 434 A.P.Ps at present working, 100 A.P.Ps have only been provided with quarters. As regards others he says that they are being paid house rent allowance at the rate of Rs.450/- per month. 4. This is not the compliance of the advertisement which gives terms and conditions of service of AP.Ps. The State is to provide free residential accommodation to the A.P.Ps. The State should take steps to provide free residential quarters to them. In case it is not possible for all AP.Ps. the State could rent out for them reasonable good accommodation according to their standard. Further any amount paid towards rent over and above Rs.450/- per month, the same should be reimbursed to the A.P.Ps. by the State Government towards this and a reasonable criteria be evolved before 31st December, 1995. 5. As regards further posts of A.P.Ps which are yet to be filled up, the State Government must start taking action for construction of more quarters for them. 6. Re. by the State Government towards this and a reasonable criteria be evolved before 31st December, 1995. 5. As regards further posts of A.P.Ps which are yet to be filled up, the State Government must start taking action for construction of more quarters for them. 6. Re. Dress allowance : The State must come out with a reasonable amount which shall be sanctioned as dress allowance for the AP.Ps as per the terms of the advertisement. Mr. Sinha informs us that the Government has rejected the prayer of the AP.Ps. for grant of dress allowance to them. This the State Government cannot do and any such decision, if taken, is to be ignored. AP.Ps are not to be equated with the Government servants in the discharge of their duties. Dress allowance be sanctioned before 31st December, 1996. 7. Re. Library: Mr. Sinha says that an amount of Rs.16,34,460/- has been sanctioned for library purpose for A.P.Ps. and process is going on for purchase of books. He further says that proper care will be taken that books are kept in Almirahs in a separate place so that the same may be made easily available to the A.P.Ps for their use. It is, therefore, not necessary to give any further direction at this stage. 8. Mr. Sinha with reference to the Affidavit filed on 12-8-96 by the Deputy Secretary, Home Police Department says that within one year period suitable space shall be provided to the A.P.Ps. in the civil court complex in each district and subdivisions. He further says that if there is no space already available in the Civil Court, proper space shall be made available in the Collectorate or in the vicinity of the Civil Court complex. 9. We direct that suitable space for the working and Library of the A.P.Ps shall be provided within one year from today. Mr. Sinha further says that in the meanwhile provision is already there for working of the A.P.Ps in the Collectorates. 10. Mr. Sinha further says that Telephone and staff for the A.P.Ps have been sanctioned. He says that 130 posts of Assistant-cum-Typist and 130 posts of peons have already been sanctioned. Those posts shall be positively filled up within a period ending 31st December, 1996. Mr. 10. Mr. Sinha further says that Telephone and staff for the A.P.Ps have been sanctioned. He says that 130 posts of Assistant-cum-Typist and 130 posts of peons have already been sanctioned. Those posts shall be positively filled up within a period ending 31st December, 1996. Mr. Sinha says that State will be giving appointment letters to the peons in which it shall be mentioned that their duties would include in clean and sweep the office place of the APPs. Telephone shall also be provided on or before 31st December, 1996, for which Mr. Sinha says that a sum of Rs.2,40,000/- has already been sanctioned for providing telephone facility. 11. With the above observations and directions, all these three writ applications are disposed of. 12. Let a copy of this order be given to the counsel for both the parties.