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Judgment
Navaniti Prasad Singh, J.
Heard learned counsel for the appellants, from amongst the writ petitioners they are some who are aggrieved by the order passed in the writ proceedings.
It appears that they had sought for two reliefs as against the State. They had averred that they had been employed by the Member, Board of Revenue for the purposes of managing the Bettiah Raj Estate. Considering their long tenure in service as such, they should be treated as Government servant. The second relief which they have sought is that they be paid at least minimum wages considering their nature of employment. The Writ Court did not accept the first contention and did not delve upon the second contention. Hence, appeal by some of the writ petitioners.
Having heard the learned counsel for the appellants and learned counsel for the State, on their own admission, the appellants were employed by Member, Board of Revenue for the management of Bettiah Estate. It is not disputed that Member, Board of Revenue has no authority to make any appointments. The fact of the matter is that Bettiah Estate vested in the Court of Wards more than a century and a half back and it is the Member, Board of Revenue who administers the same as Court of Wards. Thus, the appointments were made by the Court of Wards for management of the Estate. By no stretch of imagination can they be treated as Government employees. The learned Single Judge, thus, did not err in holding that the writ petitioners cannot be treated as Government employees nor can be regularized nor absorbed in Government service.
While on this, we may mention that though the Court of Wards is continuing for over one and half century, we wonder why State Government had not taken any step for escheat. The Apex Court, 30 years back, had also delved upon this. The zamindari vested in the State by virtue of Bihar Land Reforms Act, 1950 but regrettably the zamindari of Bettiah Estate still continues, the Court of Wards, the Member, Board of Revenue being a new Zamindar. It is unfortunate. Ordinarily, upon vesting of the rights of Zamindar, the Bettiah Raj would have been entitled to the compensation instead it retains its zamindari. It is for the State to look into this aspect of the matter once again.
However, when we come to the second issue whether the appellants are employees of the Bettiah Estate or employed by Court of Wards, they are entitled to minimum wages as they are employed in the Management of the Estate. The Member, Board of Revenue is directed to look into this aspect of the matter and take appropriate decisions within a reasonable time depending upon the facts and circumstances of the case which are too numerous to discuss in these proceedings.
With these observations and directions, the appeal stands disposed of.