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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
     ======================================================
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
Patna High Court CWJC No.1888 of 2022(3) dt.05-01-2026
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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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