Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed the petitioner to file a fresh representation and the respondent to pass a reasoned order, thereby disposing the writ petition.
Summary
The petitioner, Geeta Devi, a Safai‑Karmi employed since December 1989, filed a writ petition seeking mandatory regularisation of her service as a IV‑class employee, alleging that despite her seniority a junior colleague had been regularised. She claimed that her representation to the concerned authorities had not been acted upon. The respondents, including the State of Bihar and the Nagar Parishad, contended that Group‑D posts have been abolished by Resolution No. 2503 (2018) and Memo No. 4136 (2023), and therefore regularisation could not proceed. The court examined whether the abolition of Group‑D posts precludes the petitioner’s right to regularisation and whether the authorities must decide on her pending representation. It held that the petitioner must file a fresh representation before the Executive Officer of the Nagar Parishad, and the respondent must issue a reasoned order within a stipulated period. Accordingly, the writ petition was disposed with directions for fresh representation and a subsequent order.
Issues considered
- Whether the abolition of Group‑D posts under the 2018 resolution and 2023 memo bars the regularisation of the petitioner’s service.
- Whether the respondents are obligated to pass a reasoned order on the petitioner’s pending representation.
- Whether the petitioner is entitled to a writ of mandamus directing regularisation of her post.
Subjects
- service regularisation
- municipal employment
- Group‑D posts
- writ of mandamus
- administrative law
- representation
- Bihar municipal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6637 of 2024
======================================================
Geeta Devi Wife of Ganapat Raut Resident of Village Jagjeewan Nagar, P.S.-
Bettiah (Town), District- West Champaran at Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Urban Development Department,
Government of Bihar, Patna.
3. The Deputy Secretary, Urban Development Department, Government of
Bihar, Patna.
4. The Nagar Parishad, Bettiah, West Champaran, through its Chairman, Nagar
Parishad, Bettiah, West Champaran.
5. The Executive Officer, Nagar Parishad, Bettiah, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
Mr. Subodh Kr. Jha, Advocate
Mr. Ashok Kr. Gupta, Advocate
Mr. Srafaraz Hussain, Advocate
Mr. Chandra Mohan Jha, Advocate
For the State : Mr. Anirban Kundu (SC-24)
For the Board : Mr. Priyadarshi Matri Sharan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Board.
2. The present writ petition has been filed for the
following relief/s:-
“That this writ application is being filed
for issuance of an appropriate writ/writs
and order/orders in the nature of
mandamus for directing and
commanding the respondents to
consider the case of the petitioner for
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regularization of her service on the post
of IVth Class, where she is continuously
working since December 1989 to till
date as Safai-Karmi against the
sanctioned post more than 30 years but
the service of the petitioner has not been
regularized whereas the service of Sujay
Suman, who is junior to the petitioner
has been regularized by the Respondent
authorities. And further for any other
appropriate relief or reliefs for which
petitioner is entitled from the facts and
circumstances of the present case.”
3. Learned counsel for the petitioner submits that the
petitioner has filed her representation before the concerned
authority (annexed as Annexure-P/6 series), but no order has
been passed till date.
4. Learned counsel for the Municipal Corporation
submits that there are two counter affidavits filed, one on behalf
of respondent nos. 2 to 3 and another on behalf of respondent
no. 5. Counsel submits that in the counter affidavit filed by
respondent nos. 2 to 3, it has come that Urban Development and
Housing Department, Govt. of Bihar has already requested the
Municipal Commissioner, Bettiah to take necessary action in
accordance with law in the case of the petitioner and make
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available action taken report to the department, so that the same
may be uploaded on the e-compliance dashboard, web portal of
the Chief Minister Secretariat. Counsel further submits that it is
the categorical stand taken by the corporation in para 7 of the
counter affidavit filed by respondent no. 5 that in light of
Resolution no. 2503 dated 03.05.2018 and Memo No. 4136
dated 16.08.2023, Group-D posts have been abolished in
Municipal Bodies and that, presently, no post of Group-D is
sanctioned in the Municipal Bodies across the State of Bihar and
accordingly, the steps initiated towards regularization vide
Annexure-B had to be put on hold.
5. In response thereof, counsel for the petitioner
submits that whatever be the situation, the order be passed on
the petitioner’s representation.
6. As such, this Court hereby directs the petitioner to
file a fresh representation before the Executive Officer, Nagar
Parishad, Bettiah, West Champaran (Respondent no. 5) along
with the copy of this order within 30 days, and the Respondent
no. 5 is directed to pass a reasoned and speaking order on the
fresh representation filed by the petitioner within 90 days
thereafter, considering all the points raised by the petitioner in
her representation.
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7. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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