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Patna High Court

Phool KumariversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner must approach the Deputy Development Commissioner, the competent authority, and the writ petition is disposed.

Summary

Petitioner Phool Kumari filed a writ petition seeking an appointment as Supervisor (Cleanliness) for Gram Panchayat Parsauni, North, alleging that the competent authority under the Lohiya Swachh Bihar Abhiyan had not issued her appointment letter. The State argued that the Deputy Development Commissioner (DDC) is the sole authority to entertain such appointment complaints and that the petitioner had not approached the DDC before filing the petition. Citing its earlier decision in Tripula Kumar v. State of Bihar (CWJC No.12654 of 2024), the Court held that the petitioner must first make a representation before the DDC. Accordingly, the Court directed the petitioner to file a representation with the DDC within 30 days and the DDC to decide within 60 days. The writ petition was therefore disposed, granting the petitioner liberty to approach the competent authority.

Issues considered

  • Whether the petitioner can directly seek a court order for appointment without first approaching the Deputy Development Commissioner under the Lohiya Swachh Bihar Abhiyan.
  • Whether the court can direct issuance of the appointment letter in the present circumstances.

Subjects

  • appointment
  • public service
  • writ petition
  • administrative law
  • Lohiya Swachh Bihar Abhiyan
  • competent authority
  • representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4442 of 2024
                 ======================================================
                 Phool Kumari wife of Sugan Kumar Yadav, Residence of vill- Murliyachak,
                 P.O. -Ganaur, District - Madhubani.

                                                                              ... ... Petitioner/s
                                                      Versus

           1.    The State Of Bihar Through the Principal Secretary, Department of Rural
                 Development, Government of Bihar, Patna.
           2.    The collector, Madhubani.
           3.    The Deputy Development Commissioner, Madhubani.
           4.    The District Panchayat Raj Officer, Madhubani.
           5.    The Block Development Office, Bisfi Block, District Madhubani.
           6.    The Block Panchayat Raj Officer, Bisfi Block, District Madhubani.
           7.    The Mukhiya, Gram Panchayat Raj Parsauni, North, Block -Bisfi, District -
                 Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Abhay Kumar Thakur, Advocate
                                                  Mr. Arunendra Kumar Thakur, Advocate
                                                  Ms. Sukrit Kumari, Advocate
                 For the State           :        Mr. Mahendra Prasad Verma, AC to SC-20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   12-02-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The present writ petition has been filed for the

                   following reliefs:-

                                                       (I)     For   direction    upon      the
                                             Respondent no. 5 to 7 for issuance of
                                             appointment letter in favour of Petitioner for
                                             the post of Supervisor cleanliness for the
                                             Gram Panchayat Raj Parsauni, North, under
                                             Block Bisfi in District Madhubani and
Patna High Court CWJC No.4442 of 2024(3) dt.12-02-2026
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                                  Consequently accepting joining to the said
                                  post with all Consequential benefits attached
                                  to the said post of Supervisor.
                                               II. For any other relief/reliefs for
                                  which the petitioner found entitled to in the
                                  facts and circumstances of the case.


                      3. Learned counsel for the petitioner submits that the

          present matter relates to the appointment to the post of

          Supervisor (Cleanliness) for the Gram Panchayat.

                      4. Learned counsel for the State submits that the

          appointment of the petitioner is governed by the Lohiya Swachh

          Bihar Abhiyan, under which the competent authority in relation

          to any complaint regarding appointment is the Deputy

          Development Commissioner.

                      5. In light of the submissions and particularly in view

          of the decision rendered by this Hon’ble Court vide order dated

          02.09.2024 passed in CWJC No. 12654 of 2024 (Tripula Kumar

          vs. The State of Bihar & Ors.), which relates to the same issue,

          the operative part of the order is as follows:-

                                               3.   Learned         counsel   for   the
                                  petitioner submits that by filing the present
                                  writ    petition,      he   has     challenged    the
                                  appointment of private Respondent No. 11
                                  violating the rule framed by Gramin Vikash
Patna High Court CWJC No.4442 of 2024(3) dt.12-02-2026
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                                  Vibhag, Lohiya Swaksha Bihar Abhiyan.
                                  Counsel         submits     that    even   after    his
                                  complaint, there is no action taken by the
                                  authority concerned, therefore, he has filed
                                  the writ application before this Hon'ble
                                  Court.
                                               4. Learned counsel for the State
                                  opposes the prayer of the petitioner and
                                  submits that under Lohiya Swaksha Bihar
                                  Abhiyan, the Competent Authority is the
                                  Deputy Development Commissioner relating
                                  to    any       complaint     in    the    matter    of
                                  appointment. Counsel further submits that
                                  the petitioner has not approached before the
                                  D.D.C.      on any        earlier     occasion      and
                                  therefore, he ought to move before the
                                  D.D.C. first and then come to this Hon'ble
                                  Court.
                                               5. After hearing the argument,
                                  counsel for the petitioner seeks permission
                                  to withdraw the writ petition seeking liberty
                                  before the D.D.C. concerned.
                                               6. As such, the writ petition stands
                                  disposed off granting liberty to the petitioner
                                  to approach before the Deputy Development
                                  Commissioner (respondent No. 5) who is the
                                  Competent Authority for the appointment
                                  under Lohiya Swakshata Mission.


                      6. In light of the ratio as above, the petitioner is
         Patna High Court CWJC No.4442 of 2024(3) dt.12-02-2026
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                   hereby directed to approach the Deputy Development

                   Commissioner, Madhubani (respondent No. 3), who is the

                   competent authority for appointment under the Lohiya Swachh

                   Bihar Abhiyan, by filing a representation along with a copy of

                   this order within 30 days. The respondent No. 3 shall pass an

                   order on the petitioner’s representation within 60 days, upon

                   hearing all concerned.

                               7. It is made clear that the 60 days shall be counted

                   from the date of completion of appearance.

                               8. Accordingly, the present writ petition stands

                   disposed off, along with I.A. No. 01 of 2024.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

U


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