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2021 DIGILAW 1091 (PAT)

Radhe Shyam Kumar v. State of Bihar

2021-11-24

ASHUTOSH KUMAR

body2021
Ashutosh Kumar, J.—Heard Mr. Radha Mohan Pandey, the learned counsel for the petitioners and learned AC to SC -16. 2. The petitioners are aggrieved by the letter dated 01.09.2011 issued by the District Programme Officer, Primary Education and Sarv Shiksha Abhiyan, West Champaran, by which the Special Trained Non Residential Centre has been directed to be closed with immediate effect, where that petitioners were rendering their services as Maha Dalit Shiksha Swayam Sevak and had been assured to be absorbed as Tola Swayam Sevak. 3. The petitioners were engaged as Maha Dalit Shiksha Swayam Sevak on contract basis in the financial year 2011 -12 with the responsibility of accompanying students of lower strata of society for whole of the day so that they don’t run away from the school and also make efforts for upliftment of their living standards. 4. The engagement of the petitioners as Maha Dalit Shiksha Swayam Sevak was for one year with honorarium of Rs. Two Thousand per month. After the period of one year is over, such Tola Sevaks could be re-adjusted depending upon their performance. 5. Mr. Pandey, the learned Advocate for the petitioners submits that the only reason for him to agitate their cause is that the scheme of Tola Sevaks has not been done away with. Surprisingly, such Tola Sevaks who were engaged in the year 2008 -09 and 2013-14 have been allowed to continue with their respective engagements and are being paid their honorarium. It is only in the district of West Champaran that the Tola Sevaks who were engaged in the year 2011-12, their services have been terminated. 6. The petitioners have been representing before all authorities, who have written to the Principal Secretary, Department of Education for continuance of the petitioners as Tola Sevaks but to no avail. 7. The learned counsel for the petitioner has submitted that the stand of the State that the engagement of the petitioners as Maha Dalit Shiksha Swayam Sevak is only for certain period and the petitioners cannot, therefore, insist for their continuance of such engagement, is not tenable as this statement could have been accepted provided the entire project would have been stayed. 8. 8. The State has not controverted the factual position that the Maha Dalit Shiksha Swayam Sevak who were engaged before and after the engagement of the petitioners have been absorbed as Tola Swayam Sevak and have been allowed to continue with such engagement and recently Tola Sevaks Rule of 2018 also has been promulgated for the effective functioning of such project. 9. Though, the communication intimating the closure of Special Trained Non-Residential Centre was issued in the year 2012 but this petition is being entertained today for the reason that the project has not yet been abandoned and many person who have been engaged as Maha Dalik Shiksha Swayam Sevak in different districts were absorbed as Tola Swayam Sevaks and have been allowed to continue. There does not appear to be any rationale behind the picking the Tola Sevaks of one district only and that also who were appointed in one particular financial year and terminating their engagement. 10. Considering this aspect of the matter, the petitioners are directed to make a detailed representation before the Principal Secretary, Department of Education, Govt. of Bihar within a period four weeks, who on receipt of such representation shall pass a reasoned order within a further period of eight weeks. In case there is no rationale behind disengaging the petitioners when such Tola Sevaks who were appointed in different districts and different financial years have been allowed to continue, necessary sequel action shall be taken as there is nothing on record to indicate any difference between those Tola Sevaks who were engaged later than the petitioners and are still continuing with such engagement. 11. The petition stands disposed of accordingly.