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2003 DIGILAW 328 (PAT)

Ram Shobha Yadav v. State Of Bihar

2003-03-25

SHASHANK KR.SINGH

body2003
Judgment 1. Heard learned counsel for the petitioners as well as the State. 2. The contention on behalf of the petitioner is that they have also been selected for appointment as Dalpati, as would be clear from Annexure-1 and as such they be paid their salary from the day when they were selected and sent for training. 3. By filing a counter-affidavit it has been contended by the learned counsel for the State that in view of the letter of the Director, Panchayati Raj Bihar dated 15.6.1994, only selection does not in any way construe any right to the writ petitioners, rather they would be appointed if and when vacancies, occur and can only be paid their salary from the date when they are appointed arid joined the aforesaid post. 4. In support of the contention, it has been contended by the learned counsel for the petitioners that similarly situated persons, whose names found place in Annexure-1 along with the petitioners had moved this court by filing C.W.J.C. No. 8893/88 and analogous cases and a Bench of this court vide its order dated 30.11.1999 came to the conclusion that the case of those writ petitioners was similar to that of Gupta Nath Singh and another, Ram Krishna Singh Yadav and 11 others and Keshow Prasad Pandey, being C.W.J.C. Nos. 4025/95, 7935/94 and 4561/95, disposed of on 27.7.1995. In the said case this court after taking into consideration the policy decision of the State dated 24.6.1989 held that the trained Dalpaties of general category were not supposed to be sent tor training on their selection but should have been given appointment of Panchayat Sewak in the regular scale of Panchayat Sewak with effect from the date the writ petitioners of those cases i.e., Gupta Nath Singh and others were sent for training. The aforesaid judgment was upheld by the L.P.A. Bench in L.P.A. No. 1520/95. 5. In view of the same, the relief granted to Gupta Nath Singh and another in C.W.J.C. No. 4025/95 has to be granted to the present writ petitioners also. Let the same be done within a period of three months from the: date of receipt/production of a copy of this order. 6. This writ applcation is allowed to the extent indcuted above.