Patna High Court
Shambhu Kunvar @ Shambhu KuerversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The petition was dismissed as withdrawn.
Summary
Shambhu Kunvar filed a writ petition challenging two orders dated 29.05.2021 and 02.06.2021 issued by the Deputy Development Commissioner, Zila Parishad, Bettiah, which re‑employed a retired tracer on a contractual basis and directed the transfer of the post of Accountant‑cum‑Head Clerk to the petitioner. The petitioner alleged that the orders violated departmental guidelines, were illegal and beyond the respondents' jurisdiction, and sought certiorari and mandamus to quash them. The petitioners' counsel sought permission to withdraw the application. The Court entertained the request and dismissed the petition as withdrawn. Consequently, no substantive adjudication on the merits was made.
Issues considered
- Whether the order re‑employing a retired tracer on a contractual basis violates departmental guidelines.
- Whether the order directing the transfer of the Accountant‑cum‑Head Clerk post to the petitioner is illegal and beyond jurisdiction.
- Whether the petitioner is entitled to a writ of certiorari or mandamus to quash the impugned orders.
Subjects
- writ petition
- certiorari
- mandamus
- departmental guidelines
- contractual employment
- order quash
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12954 of 2021
======================================================
Shambhu Kunvar @ Shambhu Kuer S/o Jagannath Kunvar, Resident of
Mohalla - Banu Chhapar, Bettiah, P.S. Bettiah Mufassil, District- West
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Chief Secretary, Bihar, Patna.
3. The Principal Secretary, Department of Panchayati Raj, Government of
Bihar, Patna.
4. The Additional Chief Secretary, Department of Panchayati Raj, Government
of Bihar, Patna.
5. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
6. The Collector-cum-District Magistrate, West Champaran at Bettiah.
7. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila
Parishad, Bettiah, West Champaran.
8. The Working Chairman-cum-Vice Chairman, Zila Parishad, Bettiah, West
Champaran.
9. Sri Ramdeshwar Singh S/O Late Jagdaban Singh, Resident of Village -
Gabandi, P.S.- Kundwa Chainpur, District - East Champaran, at present
working as Niyojit Anurekhak, (Retired Anurekhak or Tracer), Zila Parishad,
Bettiah, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
Mr. Sanjeev Kumar, Advocate
For the Respondent/s : Mr. K.P. Gupta, GP- 10
Ms. Deepanjali Gupta, AC to GP- 10
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following reliefs:
“A. For issuance of a writ in the
nature of certiorari or any other appropriate
writ, or order/s, direction quashing the
Patna High Court CWJC No.12954 of 2021(5) dt.08-01-2026
2/3
followings :-
I. The quash the order dated
29.05.2021 contained in memo no. 134
issued by the respondent no. 7 whereby and
whereunder the respondent no. 9 (who has
been retired from the post of tracer, from
Zila Parishad, Betiah) has been re-employed
on contractual basis for 11 months in
complete violation of the guidelines of the
department in this regard. (Annexure-3)
II. To quash the order dated
02.06.2021 contained in memo no. 135
issued by the respondent no. 7 directing the
respondent no. 9 to take all charges of the
post of Accountant-cum-Head Clerk of Zila
Parishad and Zila Abhiyanta Karyalaya
from the petitioner. (Annexure-5)
B. For issuance of a writ in the
nature of mandamus or any other
appropriate writ, or order/s, direction
commanding the respondents for the
followings:-
I. To treat the Annexures-3 and 5
to the petition to be nullity and non-est in the
eye of law.
II. To hold that the impugned
orders have been passed without following
the guidelines prescribed by the department
in this regard.
III. To hold that a permanent
Patna High Court CWJC No.12954 of 2021(5) dt.08-01-2026
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arrangement, under which a permanent
employee is working on a permanent vacant
post, can not be replaced/substituted by a
temporary arrangement.
IV. To hold that the impugned
orders are illegal and completely without
jurisdiction.
C. For any other relief/s to which
the petitioner is found entitled to.”
3. Mr. Raushan Raj, learned counsel, on instruction of
Mr. Sanjeev Kumar, Advocate-on-record, seeks permission to
withdraw this application.
4. This application is dismissed as withdrawn.
(Partha Sarthy, J)
sauravkrsinha/-
U
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