Patna High Court
Phool KumariversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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