w w w . L a w y e r S e r v i c e s . i n



Umesh Prasad Yadav v/s State of Bihar


Company & Directors' Information:- PRASAD CORPORATION PRIVATE LIMITED [Active] CIN = U32301TN1994PTC028160

Company & Directors' Information:- PRASAD AND CO. PRIVATE LIMITED [Active] CIN = U67120DL1995PTC068088

Company & Directors' Information:- M. PRASAD AND CO LIMITED [Active] CIN = U67120WB1999PLC090325

Company & Directors' Information:- H PRASAD & CO PVT LTD [Strike Off] CIN = U51109WB1944PTC011797

    C.W.J.C 7498 Of 2004

    Decided On, 18 April 2006

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE BARIN GHOSH

    For the Appearing Parties: ------------



Judgment Text

BARIN GHOSH, J.

(1.) Heard both the parties.

(2.) The word "Sewak" in Hindi means "servant". The word "Secretary" if translated into Hindi would mean "Sahayak". The Bihar Panchayat Raj Act 1947 provided for appointment of Sewak in every Gram Panchayat, Who shall be so appointed was decided by the Government and in that regard various executive orders were issued from time to time. In terms thereof. Dalpaties working in the Gram Panchayat on being trained were entitled to be appointed in the vacant posts of Sewak available in the blocks where the Dalpaties were working. The legislature brought in Bihar Panchayat Raj Act, 1993 and by Section 157 thereof repealed the Bihar Panchayat Raj Act, 1947. While repealing the said Act, it provided that notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers conferred by and under the 1993 Act as if the 1993 Act was in force on the date on which such thing or action was done or taken. In the 1993 Act, the legislature did not authorize appointment of Sewak. It authorised appointment of Secretary i.e. Sahayak. In terms of the 1947 Act, Sewaks had already been appointed. The 1993 Act directed that such appointments shall continue. The 1993 Act did not authorize appointment of Sewaks and accordingly, Sewaks, who had already been appointed in terms of the 1947 Act, could only be accommodated in the post of Secretary created for the first time by the 1993 Act. That was exactly done by the Government. However, the Government found that 843 more Secretaries are to be appointed having regard to the fact that more number of Gram Panchayats have been constituted.. The Government at that stage did not notice the difference in the language used by the legislature in the two statutes namely, "Sewak" and "Secretary" and proceeded on the basis as if the 1993 Act authorized appointment of Sewak and as such even after the 1993 Act was brought in Sewaks were being appointed from Dalpaties on the basis of the old redundant rules and in particular, those which came to an end by reason of the repeal of the 1947 Act. After the 1993 Act came into force, Rules for appointment of Secretary had been made. Before that Rules came into force, there was no other rules, which authorized appointment. of Secretary and accordingly, question of giving retrospective effect to the said Rules did never arise. The petitioners, in the instant writ petition, are Dalpaties. They are seeking to be appointed in the post of Secretary. They want to be appointed in the post, of Secretary on the basis of Rules made by administrative fiats for appointing Dalpaties to the post of Sewak. Although, ostensibly the petitioners are seeking to be appointed as Sewaks. the main object is to be appointed as Secretary. For the language used in the 1993 Act, after the 1993 Act came into force there remained no post of Sewak in any Gram Panchayat. They can only be appointed to the post of Secretary provided rules have been made to appoint them as such. In the thick brief, as prepared by the petitioners, they have not been able to bring in any rule made subsequent to the 1993 Act authorizing a Dalpati to be appointed as Secretary. The Government decisions upon which reliance have been placed do not speak a word for appointing Dalpaties to the post of Secretary. They speak about appointment of Dalpaties to a now non-existing post of Sewak. A Writ Court can only protect an existing right, of a citizen, who approaches the Writ Court. The post of Sewak as was available before the 1993 Act came into force was a post created by the legislature. The legislature itself has abolished that post and has created a new post of Secretary by the 1993 Act. Once, the legislature has touched a legislative field, the executive is not entitled to touch that field. When the legislature, in replacement of Sewak, has authorised appointment of Secretary, the Executive by issuing executive fiats could not take any decision to appoint Sewak for the legislature has not permitted appointment of Sewak since after coming into-force of the 1993 Act.

(3.) In those circumstances, a Division Bench of this C

Please Login To View The Full Judgment!

ourt has, in the very recent past, directed the Dalpaties as that of the petitioners to rake up their claim to be appointed as Secretaries as and when by altering the rules it shall be decided to appoint Dalpaties as Secretaries. (4.) In those circumstances, the writ petition fails and the same is dismissed with the observation that in the event rules are altered, surely the petitioners will be entitled to the benefit thereof. This disposes of the writ petition.
O R







Judgements of Similar Parties

25-06-2020 Firm: Narmada Prasad Rajesh Kumar, Bilaspur Versus Firm: Kailash Chand Ramesh Kumar Chandrapur, Distt. Janjgir-Champa High Court of Chhattisgarh
22-06-2020 Jayanta Prasad Banik, Assam Versus STATE of Assam & Others High Court of Gauhati
12-06-2020 Raghuvir Prasad Kalicharan Kaithwar, (Since deceased, through His LRs. & Others Versus Hridainarain Rampakhan Pande High Court of Judicature at Bombay
02-06-2020 Pravin Kishor Prasad Singh Versus The State of Bihar & Others High Court of Judicature at Patna
29-05-2020 Mahadev Prasad @ Shiv Ram Goojar & Another Versus State of U.P. High Court of Judicature at Allahabad
13-05-2020 Kumar Bimal Prasad Singh & Others Versus Hare Ram Singh & Others High Court of Judicature at Patna
13-05-2020 Shiv Prasad Singh Versus Nageshwar Kumar & Others High Court of Judicature at Patna
11-05-2020 Sreeja Prasad Versus State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Ernakulam & Another High Court of Kerala
08-05-2020 Ram Prasad Nayak Versus State of Chhattisgarh High Court of Chhattisgarh
22-04-2020 Chebrolu Leela Prasad Rao & Others Versus State of A.P. & Others Supreme Court of India
10-04-2020 Ayodhya Prasad Mishra Versus State of U.P. High Court Of Judicature At Allahabad Lucknow Bench
19-03-2020 Ram Chandra Prasad Singh Versus Sharad Yadav Supreme Court of India
18-03-2020 Ex-Gunner Virender Prasad Versus Union of India & Another Supreme Court of India
18-03-2020 Shambhu Prasad Sharma Advocate Versus Renu Jogi High Court of Chhattisgarh
13-03-2020 Sankar Prasad Bose & Another Versus M/s. Shitala Construction Rep. by Ajit Panja & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-03-2020 Jyothi Prasad Versus K.V. Prakasan & Another High Court of Kerala
02-03-2020 Badri Prasad Mishra Versus Moti Singh High Court of Chhattisgarh
19-02-2020 Union of India & Others Versus Ashes Kiran Prasad High Court of Delhi
18-02-2020 Bharat Sanchar Nigam Limited A Government of India Enterprises, Delhi & Others Versus Gopal Prasad Jaiswal High Court of Chhattisgarh
18-02-2020 Jagdish Prasad Vijay Versus Niti Aaayog, Erstwhile, Planning Commission Through The Dy. Chairman, New Delhi & Others Central Administrative Tribunal Principal Bench New Delhi
14-02-2020 Santosh Prasad @ Santosh Kumar Versus The State of Bihar Supreme Court of India
14-02-2020 Mathura Prasad Tripathi Versus State of M.P. & Others High Court of Madhya Pradesh
14-02-2020 Woodland Manufacturers Limited Versus Sankar Prasad Garga & Others High Court of Judicature at Calcutta
11-02-2020 Matawar Prasad Versus District Judge Shravasti & Others High Court Of Judicature At Allahabad Lucknow Bench
10-02-2020 Raj Kumar Prasad & Others Versus Som Datt Medical Centre & Others Delhi State Consumer Disputes Redressal Commission New Delhi
10-02-2020 Rajender Prasad Aggarwal & Others Versus Union of India & Others High Court of Punjab and Haryana
07-02-2020 Ram Prasad Versus Commissioner & Others High Court of Judicature at Allahabad
31-01-2020 Govind Prasad Kejriwal Versus State of Bihar & Another Supreme Court of India
28-01-2020 Chandeshwar Saw Versus Brij Bhushan Prasad & Others Supreme Court of India
27-01-2020 Ramnarayan Versus & Another Geeta Prasad & Others High Court of Chhattisgarh
24-01-2020 M/s. C.C.L. Products (India) Ltd., Rep., by its Executive Chairman, Challarajendra Prasad & Others Versus The State of Andhra Pradesh, Rep., by its Public Prosecutor & Another High Court of Andhra Pradesh
22-01-2020 Nanakram & Another Versus Jamuna Prasad High Court of Madhya Pradesh
21-01-2020 Sant Prasad Seth Versus State of U.P. & Others High Court of Judicature at Allahabad
20-01-2020 K.N. Prasad Versus P.R. Gigi & Another High Court of Kerala
17-01-2020 Rajinder Prasad Aggarwal Versus Dr. Anil Kumar Narang High Court of Delhi
16-01-2020 Bhola Prasad Shukla & Others Versus Union of India & Others Supreme Court of India
16-01-2020 Prita Prasad & Another Versus Md. Khalil & Others High Court of Judicature at Patna
13-01-2020 The Sada Urban Co-operative Credit Society Ltd., through its General Manager, Pratosh R. Lotlikar Versus Prasad U. Parab & Another In the High Court of Bombay at Goa
10-01-2020 Sankath Prasad Versus State of Uttar Pradesh Supreme Court of India
08-01-2020 Baiju Prasad Gupta Versus State of Bihar & Others High Court of Judicature at Patna
07-01-2020 For the Petitioners: Anjani Kumar, Sr. Advocate, Sanjay Prasad, Advocate. For the Respondents: ----------- High Court of Judicature at Patna
06-01-2020 Dr. N. Rajendra Prasad & Others Versus Lingampally Srinivas & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
03-01-2020 Prasad Brahmin Versus State of Rajasthan & Others High Court of Rajasthan Jaipur Bench
02-01-2020 In The Matter Of: P. Prasad & Others Versus Union of India & Others National Green Tribunal Southern Zone Chennai
02-01-2020 Sohan Prasad Choudhary Versus State of West Bengal & Others High Court of Judicature at Calcutta
20-12-2019 Sangeeta Singh Versus Ravi Ranjan Prasad Singh High Court of Punjab and Haryana
20-12-2019 R. Ashmita Versus Narendra Prasad Jaiswal & Others High Court of for the State of Telangana
19-12-2019 Kishor Baburao Wadaskar Prasad Versus The Collector, Collectorate Office at Chandrapur, Tah. & Dist. & Others In the High Court of Bombay at Nagpur
13-12-2019 Bhubneshwar Prasad Katnala Versus Chief of the Naval Staff Delhi State Consumer Disputes Redressal Commission New Delhi
12-12-2019 Mecon Limited Versus Sri Buddha Prasad Pal & Others High Court of Judicature at Calcutta
12-12-2019 Sangam Prasad Mishra & Another Versus State of U.P.Throu.Secy.Karmik Lucknow & Others High Court of Judicature at Allahabad
06-12-2019 Dharmendra Prasad & Others Versus Sunil Kumar & Others Supreme Court of India
04-12-2019 Koganti Venkata Siva Ramesh Prasad Versus Gogineni Sailaja High Court of Andhra Pradesh
04-12-2019 M/s. Hindustan Steel Works Construction Limited, Rep. by its General Manager, V.S. Prasad Versus Government of Tamil Nadu, Rep. by its Project Director, Tamil Nadu Road Sector Project, Chennai & Others High Court of Judicature at Madras
02-12-2019 Purbanchaliya Rail Karmi Parishad, Represented by its General Secretary, Bindeswari Prasad, having its Registered Office at Maligaon Versus The Union of India, Represented by the Secretary, Ministry of Railways, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
22-11-2019 M.N. Prasad & Another Versus State of Kerala, Represented by Public Prosecutor, High Court of Kerala & Others High Court of Kerala
21-11-2019 Gautam Prasad Shaw & Another Versus M/s. Master Plan & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
21-11-2019 M/s. Prasad Productions Pvt. Ltd., Represented by its Authorised Signatory, Chennai Versus Prakash Raj, Proprietor, Carrying on business under the name and style of M/s. Prakash Raj Productions at No.21/9, Chennai High Court of Judicature at Madras
08-11-2019 Gouri Prasad Goenka Ex-Chairman of NRC Limited Versus Punjab National Bank National Company Law Appellate Tribunal
07-11-2019 S.V. Mathav Prasad Versus Apollo Surgical Instrument Co., Rep. by its Partners Sudir Batra & Another High Court of Judicature at Madras
05-11-2019 Subhash Arora Versus Prasad Process Pvt. Ltd. High Court of Delhi
04-11-2019 B. Prasad Versus Suchithra Vijayan & Another High Court of Kerala
02-11-2019 Rajendra Prasad Versus Sikkim University & Others High Court of Sikkim
25-10-2019 K. Rajendra Prasad & Others Versus State of Andhra Pradesh & Others High Court of Andhra Pradesh
21-10-2019 Samaresh Prasad Chowdhury Versus UCO Bank & Others Supreme Court of India
21-10-2019 Manoj Prasad Verma Versus Neesu Construction Pvt. Ltd. & Others Delhi State Consumer Disputes Redressal Commission New Delhi
17-10-2019 A.A. Prasad Versus State of Kerala Represented by Secretary, Department of Agriculture Development & Farmers Welfare, Thiruvananthapuram High Court of Kerala
16-10-2019 Mahavir Prasad Agrawal Versus Indian Oil Corporation Limited Registered Office At Yavar Jung Marg, Mumbai & Others High Court of Chhattisgarh
15-10-2019 Rajasthan Housing Board & Another Versus Gururaj Prasad Sharma National Consumer Disputes Redressal Commission NCDRC
11-10-2019 Vijay Kumar Prasad Versus Oil & Natural Gas Corporation Ltd., through Shahi Shanker, CMD ONGC, New Delhi & Others High Court of Judicature at Bombay
01-10-2019 N. Shankar Prasad Versus State of Andhra Pradesh High Court of Andhra Pradesh
27-09-2019 Arjun Prasad Dubey Versus President, Priyadarshini Grih Nirman & Others National Consumer Disputes Redressal Commission NCDRC
26-09-2019 Krishna Prasad Verma (D) Through. LRS. Versus State of Bihar & Others Supreme Court of India
26-09-2019 Krishna Prasad Verma (D) Thr. Lrs. Versus State of Bihar & Others High Court of Judicature at Madras
25-09-2019 S.V. Matha Prasad Versus Gururajan Shyank Territorial Manager-Retail Representative of M/s. Bharat Petroleum Corporation Limited, A Government of India Undertaking Ranganathan Garden, Anna Nagar, Chennai High Court of Judicature at Madras
24-09-2019 Umesh Prasad Versus The State (Govt of Nct of Delhi) & Another High Court of Delhi
24-09-2019 M/s. Shin Ho Petrochemical (India) Ltd., Rep. by its Manager (Legal) A.Babu Prasad, Chennai Versus Union of India, Rep. by its Secretary, Ministry of Commerce, New Delhi & Others High Court of Judicature at Madras
24-09-2019 Shailendra Prasad Badoni Versus Zeestar Multi Club & Tours Pvt. Ltd. & Others SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
24-09-2019 Sri Ananta Prasad Sahu @ Sri Ananta Lal Sahu Versus Sri Gopal Sahu @ Sri Golao Lal Sahu High Court of Gauhati
20-09-2019 International Society for Krishna Consciousness Versus Ishwari Prasad Singh Roy & Others High Court of Judicature at Calcutta
16-09-2019 For the Appellant: Brijesh Sahai, Chandra Bhushan Prasad, Nirvikar Gupta, Pradeep Kumar Chaurasia, Rajesh Pratap Singh, Advocates. For the Respondent: Govt. Advocate. High Court of Judicature at Allahabad
13-09-2019 Arvind Aggarwal Versus Jagwat Prasad High Court of Delhi
13-09-2019 M/s. Nissan Motors, Corporate Office, ASV Ramana Towers, Chennai & Others Versus S. Giri Prasad High Court of Judicature at Madras
03-09-2019 Sapthagiri Residents Welfare Association Rep. By Its Sercretary. B. Chandrasekhara Reddy Versus M/s. Sri Constructions, By Its Managing Partnr G Prasad & Others National Consumer Disputes Redressal Commission NCDRC
30-08-2019 M. Prasad Versus The State of Andhra Pradesh, rep. by its Secretary to Government, Home (Courts-A) Law Department, Secretariat, Hyderabad & Others High Court of Andhra Pradesh
21-08-2019 Manohar Daulatram Ghansharamani Versus Janardhan Prasad Chaturvedi & Others High Court of Judicature at Bombay
20-08-2019 Prabhat Kumar Prasad & Another Versus Bengal Shristi Infrastructure Development Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
20-08-2019 Gaya Prasad Tiwari Versus Allahabad Development Authority High Court of Judicature at Allahabad
16-08-2019 Surendra Prasad Mishra Versus Ramawati & Others Supreme Court of India
14-08-2019 State of Jharkhand & Others Versus Gopal Prasad Mandal Supreme Court of India
09-08-2019 Gopal Prasad Singh Versus State of Bihar through Principal Secretary, Rural Development Department, Government of Bihar, Patna & Others High Court of Judicature at Patna
09-08-2019 Bathula Rajeshwari & Others Versus B. Prasad Rao & Others High Court of for the State of Telangana
08-08-2019 Laxman Prasad Versus Dharamlal & Another High Court of Chhattisgarh
02-08-2019 M. Narasimha Prasad Versus The Registrar General High Court of Karnataka, Bangalore & Another High Court of Karnataka
01-08-2019 Shashi Bhusan Prasad Versus Inspector General Central Industrial Security Force & Others Supreme Court of India
29-07-2019 Rameshwar Mahto Versus Sarju Prasad & Another High Court of Jharkhand
22-07-2019 Manik Lal Prasad Versus State of Bihar & Others High Court of Judicature at Patna
22-07-2019 Rajendra Prasad Sharma Versus M/s. Hartin Harris Ltd. High Court of Judicature at Calcutta
19-07-2019 K.M. Prasad Versus State by Assistant Commissioner of Police, Devaraja Division, Benglauru & Another High Court of Karnataka
18-07-2019 Sujan Bhabani Prasad Chatterjee & Another Versus Rajendra Kumar Singh & Another High Court of Judicature at Bombay


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box