Patna High Court
Kailash PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must file a fresh representation before the competent authority designated in the guidelines, and the writ petition is disposed.
Summary
The petitioner, Kailash Paswan, filed a writ petition seeking appointment as Sanitary Motivator in the District Water and Sanitation Committee, claiming six years of prior experience. He relied on guidelines issued on 26‑10‑2023 by the Chief Executive Officer‑cum‑Mission Director of the Lohiya Swachh Bihar Abhiyan, which designate a specific competent authority for grievance redressal. The petitioner argued that his earlier representation was filed before inappropriate forums and therefore sought liberty to file a fresh representation before the correct authority. The State contended that the petitioner must approach the competent authority as per the same guidelines. The Court directed the petitioner to file a fresh representation within 30 days and instructed the competent authority to decide it within 90 days with a reasoned order, thereby disposing of the writ petition.
Issues considered
- Whether the petitioner is entitled to direct appointment as Sanitary Motivator without approaching the designated competent authority.
- Whether the petitioner’s grievance must be addressed by the authority specified in the 2023 guidelines.
Subjects
- appointment
- sanitary motivator
- writ petition
- administrative law
- grievance redressal
- competent authority
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4780 of 2026
======================================================
Kailash Paswan Son of Shri Pradip Paswan, Resident of Village- Parihari,
Panchayat-Parihari, Block- Raniganj, P.S. Raniganj, District-Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Panchayati Raj,
Government of Bihar, Patna.
2. The Principal Secretary Rural Development Department, Government of
Bihar, Patna.
3. The Chief Executive Officer-cum-Mission Director, Lohiya Swachh Bihar
Abhiyan, Bihar Gramin Jiviko Parjan Protsahan Samiti, Rural Development
Department, Government of Bihar, Patna.
4. The District Magistrate-cum-Chairman of District Water and Sanitation
Committee, Bihar.
5. The District Coordinator, District Water and Sanitation Committee, District-
Araria.
6. The Director-cum-Member Secretary of District Water and Sanitation
Committee, District- Araria.
7. The Deputy Development Commissioner-cum-Vice Chairman of District
Water and Sanitation Committee, Raniganj, District- Araria.
8. The Block Development Officer-cum-Block Sanitation Officer, Raniganj,
District- Araria.
9. Smt. Aradhana Kumari, W/o Naresh Mohan Jha, Resident of Village and
P.O. Parihari, Block- Raniganj, District- Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Ranjan Kumar, Advocate
Mr. Harendra Kumar Singh, Advocate
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 31-03-2026
Heard learned counsel appearing for the petitioner and
learned counsel appearing for the State.
2. Learned counsel for the petitioner submits that the
petitioner has filed the present writ petition seeking appointment
Patna High Court CWJC No.4780 of 2026 dt.31-03-2026
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to the post of Sanitary Motivator under the District Water and
Sanitation Committee, Raniganj Block, Araria, on the ground
that he has worked for more than six years as a Sanitation
Motivator. It is further submitted that the said post was created
under the Lohiya Swachh Bihar Abhiyan (Second Phase).
Learned counsel has brought on record the guidelines issued
vide Letter No. 624 dated 26.10.2023 by the Chief Executive
Officer-cum-Mission Director, Lohiya Swachh Bihar Abhiyan,
Bihar Gramin Jivika Prajan Protsahan Samiti, Rural
Development Department, Government of Bihar. It is further
submitted that as per Clause 5 of the said guidelines, the
competent authority for redressal of grievances has been
specifically provided. Learned counsel further submits that
although the petitioner had earlier filed a representation for
redressal of his grievance, the same was inadvertently submitted
before different forums not having proper jurisdiction. As such,
he seeks liberty to file a fresh representation before the
appropriate authority as indicated in Annexure P/5 to the writ
petition.
3. Learned counsel for the State submits that the
petitioner ought to approach the competent authority in terms of
the aforesaid guidelines, as referred to by the petitioner himself.
Patna High Court CWJC No.4780 of 2026 dt.31-03-2026
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4. In the aforesaid background, the petitioner is
directed to file a fresh representation before competent
authority, in accordance with law, along with a copy of this
order, within 30 days from today. Upon receipt of the
representation, the competent authority, is directed to take a
decision on the said representation within 90 days from the date
of its filing, with a reasoned and speaking order.
5. With the aforesaid observation and direction, the
writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 01/04/2026
Transmission Date NA
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