Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioners are not entitled to retrospective benefits of the 2021 State policy, but the Director, Agriculture Department must consider their representations and pass a reasoned order within three months.
Summary
The petitioners, a group of individuals employed as "Jal Chhajan Secretaries" since 2013, filed a writ petition seeking mandatory directions for regularisation, extension of service, payment of arrears, and enhancement of honorarium, invoking constitutional guarantees under Articles 14 and 16 and the Bihar Minimum Wages Act. They relied on a prior decision in CWJC No. 9612 of 2021 and on two government memoranda dated 22‑01‑2021 and 05‑02‑2021. The State of Bihar consented to the filing of representations before the Director of Agriculture and asked for a reasonable time‑frame for redressal. The Court examined whether the 2021 State policy could be applied retrospectively to petitioners who were not in service on the policy’s effective date, noting that executive orders are not retrospective unless expressly provided. The Court held that the petitioners are not entitled to the benefits of the 2021 policy retrospectively but may have their grievances considered for those who were in service on 05‑02‑2021. Accordingly, the Court directed the Director, Agriculture Department, to entertain the petitioners’ representations and issue a reasoned order within three months, and disposed of the writ petition.
Issues considered
- Whether the petitioners are entitled to regularisation, extension of service and payment of arrears under the State policy dated 05‑02‑2021.
- Whether executive orders and policies can have retrospective effect for persons not in service at the time of issuance.
- Whether the petitioners can claim benefits under Articles 14 and 16 of the Constitution and the Bihar Minimum Wages Act.
Subjects
- regularisation
- contractual employees
- writ of mandamus
- service extension
- Bihar
- agriculture department
- constitutional rights
- minimum wages
- retrospective effect
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1888 of 2022
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1. Niraj Kumar S/o - Gita Prasad Singh R/o - Vill. Kumar, Panchayat - Kumar,
P.S. - Sikandra, Dist. - Jamui.
2. Sudhir Kumar S/o Mundev Yadav R/o - Vill. Ramdih, Panchayat - Pohe, P.S.
- Sikandra, Dist. - Jamui.
3. Mantu Kumar S/o Yugal Kishor Yadav R/o - Vill. Mircha, Panchayat -
Mircha Pathak Chak, P.S. - Sikandra, Dist. - Jamui.
4. Rajesh Kumar S/o - Janardan Prasad Singh R/o - Vill. Kenal, Panchayat -
Chnan, P.S. Kharia, Dist. - Jamui.
5. Binod Yadav S/o - Rajendra Yadav R/o - Vill. Kanan, Panchayat - Kanan,
P.S. - Jhajha, Dist. - Jamui.
6. Prabhat Kumar S/o - Kishori Sharma R/o - Vill. Tal Saharsa, Panchayat -
Sighuri, P.S. Sikandra, Dist. - Jamui.
7. Monika Singh W/o Ashutosh Kumar Singh R/o - Vill. and Panchayat -
Jithingoi, P.S. - Khaira, Dist. - Jamui.
8. Hari Kishore Singh S/o Babulal Singh R/o - Vill. and Panchayat - Chain, P.S.
- Jhajha, Dist. - Jamui.
9. Anil Yadav S/o - Sahdeo Yadav R/o - Panchayat - Hathiya, P.S. - Jhajha,
Dist. - Jamui.
10. Rahul Kumar S/o - Rana Ranjit Singh R/o - Vill. and Panchayat - Kathouna,
P.S. - Mallehpur, Dist. - Jamui.
11. Satish Kumar S/o - Garib Prasad Yadav R/o - Vill. Jhanjhari, P.S. - Ishlam
Nagar, Dist. - Jamui.
12. Deepak Kumar S/o Umashanker Singh R/o - Vill. and Panchayat - Kaiar,
P.S. Sikandra, Dist. - Jamui.
13. Mundrika Prasad Yadav S/o Gopi Yadav R/o - Vill. Palsa Khurd, Panchayat -
Abgilla Chaurasa, P.S. - Chandradip, Dist. - Jamui.
14. Dinesh Kumar S/o - Subelal Prasad Yadav R/o - Vill. Chhatiaini, Panchayat -
Din Nagar, P.S. - Chandradip, Dist. - Jamui.
15. Suresh Kumar S/o Prabhu Majhto R/o - Vill. and Panchayat - Darkha, P.S. -
Lachur, Dist. - Jamui.
16. Vibha Kumari D/o Ashutosh Kumar R/o - Vill. Dghanama, Panchayat -
Sahora, P.S. - Chandradeep, Dist. - Jamui.
17. Rahul Kumar S/o - Shailendra Kumar R/o - Vill. Kolhana, Panchayat -
Kolhana, P.S. Chandradeep, Dist. - Jamui.
18. Shafaque Bazmi S/o - Md. Mukhtar Alam R/o - Vill. Seway, Panchayat-
Abgilla Chaurasa, P.S. - Chandradeep, Dist. Jamui.
19. Md. Wasim S/o - Md. Amjan Ansari R/o - Vill. and Panchayat - Aliganj, P.S.
- Chandradeep, Dist. - Jamui.
20. Kanti Kumari D/o Sidheshwar Mahto R/o Vill. Mahmadpur, Panchayat-
Purshanda, P.S. - Sikandra, Dist.- Jamui.
Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026
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21. Parmanand Prasad S/o Prameshwar Prasad R/o Vill. and Panchayat -
Mirganj, P.S. Sikandra, Dist. - Jamui.
22. Hardeo Das S/o - Dhanu Das R/o Vill. Markama, Panchayat- Darkha, P.S. -
Lachur, Dist. - Jamui.
23. Anand Kishor Gupta S/o Jainarayn Gupta R/o Vill. and Panchayat -
Keshopur, P.S. Jhajha, Dist. - Jamui.
24. Dharamshila Kumari W/o - Ashok Kumar R/o Vill. and Panchayat - Aliganj,
P.S. - Lachhuar, Dist. - Jamui.
25. Dhirendra Kumar S/o Hiraman Yadav R/o Vill. Sisar, Panchayat, - Kaian,
P.S. Dist. - Gaya.
26. Rajesh Kumar S/o - Janki Yadav R/o Vill. and Panchayat - Dumarichhatti,
P.S. - Fatehpur, Dist. - Gaya.
27. Babita Kumari W/o - Pappu Kumar R/o Vill. Kudasin, P.S. - Amas, Dist. -
Gaya.
28. Shyam Kumar S/o Brijnandan Sharma R/o Vill. Kajri, P.S. - Paraiya, Dist. -
Gaya.
29. Shashi Bhushan Kumar Singh S/o Anand Singh R/o Vill. Pahra Mirza Cha,
P.O. - Paharabali, Dist. Gaya.
30. Basant S/o - Narayan Yadav R/o Vill. Baheri Mohanpur, P.S. - Sherghati,
Dist. - Gaya.
31. Sunita Kumari @ Sunita Devi W/o - Dhananjay Kumr R/o Vill. Konchi, P.S.
Guraru, Dist. - Gaya.
32. Mithlesh Mistry S/o - Chando Mistry R/o Vill. Dhibra, P.S. and Dist. - Gaya.
33. Niranjan Kumar Sharma S/o Sheo Kumr Sharma R/o - Vill. Roksa, P.O. -
Bharaudha, Dist. - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary Govt. of Bihar, Patna.
2. The Principle Secretary, Agriculture Department Govt. of Bihar, Patna.
3. The Director, Agriculture Department, Govt. of Bihar, Patna.
4. The Commissioner Development, Govt. of Bihar, Patna.
5. The Director, Lands Protection cum Chief Executive Officer, Govt. of Bihar,
Patna.
6. The District Magistrates of all concerned Districts of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar No. 1, Advocate
For the Respondent/s : Mr. Nilotpal Sharma, AC to ex GP-21
======================================================
Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. Learned counsel for the petitioners submits that the
present writ petition has been filed for the following reliefs:-
(i) That the writ in the nature of
mandamus may kindly be issued, directing
the respondents to extend/adjust/ regularize
the services of these petitioners, who are all
regularly working on the post of "Jal
Chhajan Secretary" in several Panchayats of
Bihar since 2013 as yet and a similar case
CWJC No. - 9612/21 has been disposed off
by this Hon'ble Court on 20-12-21 as order
contained in Ax. - 20 to this petition. This
case be disposed off in terms of order
contained in Ax. - 20.
(ii) That services of all these
petitioners be either extended or adjusted in
other departments in other schemes of
Government or be regularized in the light of
two 'Sankalps of General Administration
Department, Govt. of Bihar bearing Memo
No. 3/ M - 78/2005 Gen. - Admi. 1003/Patna
- 15 dt. 22-01-21 and also bearing Memo
No. 3/ M - 10/2020 Gen. 1658/ Patna - 15,
dated 05-02- 2021 contained in Ax - 13/1
and 13/2 respectively.
Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026
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(iii) That the respondents be
strictly directed to make payments of
salaries/ honorarium with all arrears,
current and consequential benefits along
with appropriate interest, cost and
compensations, which are due, despite of
regular working of the petitioners as yet.
(iv) That the respondents be
strictly directed to adjust these petitioners on
the posts of 'Kishan Salahkar' or 'Jal Jeevan
Hariyali' scheme or K.V.K. (Kishan Vigayan
Kendra) or any other similar schemes of
Bihar Government as per 'Sankalp'
contained in Ax - 3/1, 3/2 & 4.
(v) That honorarium of these
petitioners (Jal Chhajan Secretaries) may
kindly be enhanced from Rs. 2500 per month
to at least Rs. 9620 per month so that Bihar
Minimum wages Act, Amended on 24th Sept.
2020 may not be violated by the Govt. itself.
(vi) That the respondents be
strictly directed to provide all similar
facilities to these petitioners under article 14
and 16 of the Constitution of India, as it is
being given to other contractual and
outsourcing employees like Primary
Teachers, ANMs, Tola Sevak, Kishan Mitra,
Nayaya Mitra etc.
(vii) That the services of these
Petitioners be directed to be continued till
Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026
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attending the age of 60 years as other
contractual employees like Primary
Teachers, ANMs, Tola Sevak etc. are being
given this facility by the Govt. of Bihar.
(viii) That during the pendency of
this writ petition services and honorarium of
these petitioners may kindly be directed to
continue & paid regularly and any corrosive
action may kindly be stayed.
(ix) That the respondents be
directed to pay the appropriate cost and
compensation to these poor petitioners for
unnecessary mental, physical and
economical harassment done by the illegal
and unconstitutional acts of these
respondents.
(x) That any other relief or reliefs
may kindly be granted in favor of the
petitioners as it may be deemed fit and
proper to the facts and circumstances of this
case.
3. Counsel further fairly submits that similarly
situated persons had already approached this Hon’ble Court in
CWJC No. 9612 of 2021, which was disposed of vide judgment
dated 20.12.2021, granting liberty to the petitioners therein to
file representation for redressal of their grievance.
4. Learned counsel for the State submits that the State
has no objection if the petitioners file their representation before
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the concerned authority, i.e., the Director, Agriculture
Department, Government of Bihar, Patna (Respondent No. 3),
and for redressal of their grievance a direction may be issued to
Respondent No. 3 to pass an appropriate order on the
petitioners’ representation within a fixed period of time.
5. It transpires to this Court, vide Annexure-20, in the
case of similarly situated persons, the Hon’ble Court, after
considering the submissions of the parties, disposed off the
above-mentioned writ petition as follows:-
“Petitioners were stated to have
been appointed to various posts in the year
2013 and some of the petitioners have been
displaced. In the guise of regularization of
such of those displaced persons who were
not working, presented this petition.
Learned counsel for the
petitioners vehemently submitted that such of
those displaced persons are entitled to
accommodate in terms of State Government
Policy dated 05.02.2021. Such contention is
appreciated only in respect of such of those
petitioners who were working as on
05.02.2021.
In respect of displaced persons,
they are not entitled to take shelter under the
State Policy decision dated 05.02.2021 since
it has no retrospective effect. All the
Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026
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executive orders would be effective only from
the date of its issuance it has no
retrospective effect as held by Hon'ble Apex
Court time and again. Rules, executive order
and statute would not be given retrospective
effect unless expressed provision.
In the light of these facts and
circumstance, the concerned respondent is
hereby directed to take note of grievance of
each of the petitioners who are in service as
on 05.02.2021 and redress their grievance as
in the present petition read with the
representation. The above exercise shall be
completed within a period of three months
from the date of receipt of this order.
With the aforesaid observations,
the present petition stands disposed off”
6. In light of the submissions made above, this Court
feels it appropriate to grant liberty to the petitioners to file their
representation before the Director, Agriculture Department,
Government of Bihar, Patna (Respondent No. 3). Respondent
No. 3 is hereby directed to take a decision by passing a reasoned
and speaking order on the representation of the petitioners,
either individually or collectively, within a period of three
months from the date of production of a fresh representation.
7. With the aforesaid directions and observations, the
Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026
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present writ petition is hereby disposed off.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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