Niraj Kumar vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3267 of 2021
CNR No. BRHC010731882020
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Niraj Kumar Son of Bijendra Kewat Resident of Village- Rampur, Police
Station- Gaurichak in the district of Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary-cum-Chairman,
BISCORE, Government of Bihar, Patna.
2. The Additional Chief Secretary-cum-Chairman, BISCORE, Government of
Bihar, Patna.
3. The Mission Director-cum-Principal Secretary, Home, Bihar Administrative
Reforms Mission Society, Patna.
4. The Inspector General Registration, Government of Bihar, Patna.
5. The Divisional Commissioner, Magadh Division, Gaya.
6. The District Magistrate-cum-Collector, Jehanabad.
7. The Deputy Collector (Establishment), Jehanabad.
8. The District Sub-Registrar-cum-Secretary, Jehanabad SCORE, Jehanabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the State : Mr. Sourav Suman, SC-12
: Ms. Pragati Patra, AC to SC-12
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 29-10-2026
Heard learned Advocates for the respective parties.
2. The petitioner, who was duly appointed as an
Executive Assistant by the Bihar Administrative Reforms
Mission Society on the basis of the panel published on
16.05.2016, and was seemingly posted in the office of the
District Sub-Registrar, Jehanabad, has approached this Court
being aggrieved by letter No. 644 dated 11.09.2019, issued

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under the signature of respondent No. 8, namely, the District
Sub-Registrar-cum-Secretary, SCORE, Jehanabad, whereby his
services were discontinued in the office of the District Sub-
Registrar and returned to the District Establishment, Jehanabad.
3. Adverting to the facts pleaded in the writ petition
and the annexures appended thereto, learned Advocate for the
petitioner submitted that it is not in dispute that, upon being
found eligible, the name of the petitioner was duly forwarded to
the office of the District Sub-Registrar, Jehanabad, whereupon
he was directed to arrange for a computer, printer, and internet
connection and to discharge his duties as an Executive
Assistant-cum-Computer Operator.
4. Although the initial engagement of the petitioner
was for a period of one year, the tenure of contractual
employees was subsequently extended until they attained the
age of 60 years or the completion of the project, whichever
occurred earlier, in terms of the decision of the Bihar
Administrative Reforms Mission Society vide letter No. 436
dated 26.02.2019.
5. While the petitioner was discharging his duties with
sincerity, diligence, and punctuality, a decision was taken at the
meeting of the Executive Committee of Jehanabad System for

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Computerised Registration (for short ‘SCORE’) held on
11.09.2019, to discontinue the services of Executive Assistants-
cum-Computer Operators, who were working beyond the
sanctioned strength, which is impugned herein.
6. A counter-affidavit has been filed on behalf of
respondent No. 8, wherein it has been specifically contended
that, pursuant to a unanimous decision taken by the members of
the SCORE Committee at its meeting held on 11.09.2019, it was
resolved not to take work from the petitioner in accordance with
the principle of "last come, first go". The Committee determined
that the office of the District Sub-Registrar, Jehanabad, required
only eight Computer Operators/Executive Assistants for the
Computerised Registration System, against which eight
sanctioned posts were available. Since the petitioner had been
engaged on a contractual basis over and above the sanctioned
strength, it was decided to discontinue his engagement.
7. The aforesaid stand has been controverted by
learned Advocate for the petitioner, who submitted that the
name of the petitioner had been forwarded to the office of the
District Sub-Registrar along with the names of only five other
Executive Assistants. It is further contended that, even after the
petitioner's services were discontinued, the District Sub-

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Registrar, Jehanabad, vide letter No. 661 dated 19.11.2021,
requested the Inspector General Registration to provide the
services of two Computer Operators. According to learned
Advocate for the petitioner, the justification advanced for
discontinuing his services is, therefore, unsustainable both on
facts and in law.
8. Referring to the decisions taken by various
Collectorates, copies whereof have been brought on record as
Annexure-13 series to the writ petition, learned Advocate for the
petitioner submitted that Computer Operators who had been
removed from service on identical grounds were subsequently
permitted to rejoin and are presently discharging their duties. It
has further been brought to the notice of this Court that an
identical issue came up for consideration before this Court in
CWJC No. 6646 of 2022 , wherein a direction was issued to
consider the claim of the petitioner therein, subject to the
availability of a vacancy for his adjustment.
9. Upon careful consideration of the materials
available on record, it emerges that the petitioner was initially
engaged for a period of one year, subject to renewal upon
satisfactory performance. However, the reason assigned for
discontinuing his services was that his engagement was beyond

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the sanctioned strength. It is pertinent to observe that no fault
has been attributed to the petitioner in the discharge of his
duties. His name was duly recommended for engagement in the
office of the District Sub-Registrar, Jehanabad, where he
continued to discharge his assigned responsibilities until his
services were discontinued. The orders passed by various
Collectorates, brought on record as Annexure-13 series,
demonstrate that persons similarly situated to the petitioner have
subsequently been reinstated or adjusted against the posts of
Computer Operators in offices where their services were
required. This Court has also been apprised that, in the minutes
of the BISCORE meetings held on 13.08.2019 and 24.01.2020,
it was resolved that even those Computer Operators/Executive
Assistants whose services had been discontinued could be
engaged again upon receipt of a written request, subject to the
relevant requirements.
10. Having regard to the aforesaid facts and
circumstances, and particularly the instances of similarly
situated persons having been accommodated in other districts,
this Court deems it fit and proper to dispose of the present writ
petition with liberty to the petitioner to approach the District
Magistrate, Jehanabad, along with a copy of this order within a

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period of 4 weeks from today. In the event that the petitioner
approaches the District Magistrate, Jehanabad, bringing the
aforesaid facts and circumstances to his notice, the District
Magistrate shall duly consider his claim and dispose of the same
within a further period of 10 weeks. If it is found that the
services of the petitioner are required in any office under the
district administration and an appropriate vacancy is available,
his claim for adjustment shall be considered in accordance with
the applicable rules and the practice followed in the cases of
similarly situated Executive Assistants/Computer Operators, as
reflected in Annexure-13 series to the writ petition.
11. With the aforesaid observations and liberty, the
present writ petition stands disposed of.

(Harish Kumar, J)
Utkarsh.k/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date NA