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Patna High Court

Kailash PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           2/3




         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
                                                        3/3




                                  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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