Patna High Court
Chotoo Malik @ Chhotoo MallikversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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
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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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