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Patna High Court

Chotoo Malik @ Chhotoo MallikversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the Group‑D sweeper post has been abolished, the court cannot order a compassionate appointment to that post and only directed that the petitioner’s case be considered by an outsourcing agency without granting any entitlement.

Summary

The petitioner, Chotoo Malik, sought a writ of mandamus directing the State of Bihar and the Nagar Parishad, Araria to appoint him on compassionate grounds to the sweeper (Group‑D) post previously held by his father, who died in service in July 2020. The petitioner’s mother had filed an affidavit authorizing his appointment, and he applied to the municipal authority, which failed to act despite a character certificate from the police. The respondents argued that the Group‑D sweeper post had been abolished by a 2018 notification and a 2023 departmental letter, making such an appointment legally impossible, and that the petitioner lacked qualifications for a Group‑C post. The court noted the abolition of the sweeper post and declined to order a direct appointment, instead directing the executive officer to refer the petitioner’s case to an outsourcing agency for possible consideration based on his competency. No protective entitlement was granted, and the writ petition was disposed of.

Issues considered

  • Whether a compassionate appointment can be ordered to a post that has been abolished by government notification.
  • Whether the court can compel the municipal authority to appoint the petitioner through an outsourcing agency in lieu of the abolished post.
  • Whether a writ of mandamus is appropriate in the circumstances.

Subjects

  • compassionate appointment
  • mandamus
  • Group-D post
  • outsourcing agency
  • municipal employment
  • abolition of posts
  • Bihar Urban Development & Housing Department

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.9883 of 2024
     ======================================================
     Chotoo Malik @ Chhotoo Mallik Son of Late Suresh Mehtar@ Late suresh
     Malik Resident of Village- Shivpuri, Near Bus Stand, Ward No. 16, P.S. and
     P.O.- Araria, District- Araria.

                                                                   ... ... Petitioner/s

                                           Versus

1.   The State of Bihar through the Principal Secretary Urban Development and
     Housing Department, Govt. of Bihar, Patna.
2.   That Executive Officer, Nagar Parishad, Araria, District- Araria.

                                                                 ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s      :      Mr. Ashutosh Kumar Jha, Advocate
     For the State             :      Mr. Raj Kishore Rai, (GP-18)
                                      Mr. Navnit Kumar, Advocate (AC to GP-18)
     For the Resp. no.2        :      Mr. Sanjay Kumar Sharma, Advocate
                                      Mr. Rohit Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                               ORAL JUDGMENT

      Date : 09-02-2026

                          Heard learned counsel for the petitioner, learned

      counsel for the State and learned counsel for Nagar Parishad,

      Araria.

                          2. The present writ petition has been filed for

      issuance of a writ in the nature of Mandamus commanding the

      respondents           authorities   to   appoint    the    petitioner       on

      compassionate ground at any suitable post under Araria Nagar

      Parishad in which the father of the petitioner was working as
Patna High Court CWJC No.9883 of 2024 dt.09-02-2026
                                           2/4




         Safai Karamchari on regular post who died in harness on

         15.07.2020 itself.

                         3. Learned counsel for the petitioner submits that

         the father of the petitioner died in harness on 15.07.2020.

         Thereafter, the petitioner’s mother with the consent of family

         members filed an affidavit on 16.10.2020 authorizing her

         second son (petitioner) for compassionate appointment. Then,

         the petitioner filed his application on 27.10.2020 before the

         respondent authority for consideration of his appointment on

         compassionate ground. But, the authority concerned has not

         considered the case of the petitioner, even after taking

         verification from the S.P. office Araria who has given a good

         character certificate.

                         4. Learned counsel appearing for Nagar Parishad,

         Araria submits that the father of the petitioner was working on

         Group-D post i.e. sweeper, but the Group-D post in the

         Municipal local bodies has been abolished by the government

         by virtue of Notification contained in Memo No. 2503 dated

         03.05.2018 and vide Letter No. 885 dated 24.03.2023 issued by

         the Urban Development & Housing Department, Bihar, Patna.

         He further submits that the candidature of the petitioner can be

         considered for appointment on Group-C post, but he has no
Patna High Court CWJC No.9883 of 2024 dt.09-02-2026
                                           3/4




         adequate qualification for the said post. As such, the

         consideration of the petitioner’s appointment on Group-D post

         (sweeper) is not legally possible.

                         5. In response thereof, learned counsel for the

         petitioner submits that it is true that presently, the petitioner has

         no qualification to be appointed on Group-C post, but at least

         some consideration may be taken if possible, that the petitioner

         be appointed as outsourcing agency.

                         6. In the light of the submissions made by the

         parties that post of Sweeper (Group-D) has been abolished vide

         policy decision of the Urban Development & Housing

         Department, Bihar, Patna, therefore, this Court is not directing

         anything that the petitioner be appointed on Group-D post

         (Sweeper). But, this Court only directs the Executive Officer,

         Nagar Parishad, Araria (Respondent no.2) that the petitioner’s

         case may be directed to be placed before the outsourcing agency

         and if, the outsourcing agency requires or in any need of a

         person, then his case may be placed before the outsourcing

         agency, upon looking into the competency of the person

         independently. The outsourcing agency be permitted to work

         with other similarly situated persons. But, no protection has

         been granted to the petitioner by this Court. The petitioner shall
             Patna High Court CWJC No.9883 of 2024 dt.09-02-2026
                                                        4/4




                      work in accordance with his own efficiency.

                                      7. Accordingly, with the aforesaid direction, this

                      writ petition stands disposed off.




                                                                   (Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE                     NA
Uploading Date             12/02/2026
Transmission Date            NA


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