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2016 Supreme(Pat) 803

HEMANT GUPTA, AHSANUDDIN AMANULLAH
Tarun Kumar son of Shree Hira Ram – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates Appeared:
For the Appellant : Mrs. Punita Kumari Singh.
For the Respondents: Mr. Ray Shivaji Nath, Mr. Arun Kumar Singh.

JUDGMENT :

Hemant Gupta, J.

The order dated 16th of February, 2015 passed by the learned Single Bench of this Court in C.W.J.C. No. 2734 of 2015 is subject matter of challenge in the present Letters Patent Appeal wherein the writ application was dismissed with liberty to the petitioner to invoke common law remedy.

2. The appellant was appointed as Vikas Mitra on 26th of March, 2010 and continued till 16th of December, 2013 when his services were terminated. As per the scheme of the appointment of Vikas Mitra (Annexure-7 to the writ application) if there are less than 50 families of Mahadalit in the rural Panchayat, then the Vikas Mitra will not be selected and it will be attached to nearest another Panchayat in the vicinity. The term of Vikas Mitra is said to be 11 months and in case of necessity, the appropriate decision would be taken later for extension of service. Vikas Mitras would not be treated as a Government servant and their services can be terminated for any reason during the period of engagement if their work and conduct is found to be unsatisfactory.

3. The appellant was appoint as Vikas Mitra on 26th of March, 2010 in the category of Mahadalit and his services were extend






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