Phool Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4442 of 2024 ====================================================== Phool Kumari wife of Sugan Kumar Yadav, Residence of vill- Murliyachak, P.O. -Ganaur, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna.

2.

The collector, Madhubani.

3.

The Deputy Development Commissioner, Madhubani. 4.

The District Panchayat Raj Officer, Madhubani. 5.

The Block Development Office, Bisfi Block, District Madhubani. 6.

The Block Panchayat Raj Officer, Bisfi Block, District Madhubani. 7.

The Mukhiya, Gram Panchayat Raj Parsauni, North, Block -Bisfi, District - Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Thakur, Advocate Mr. Arunendra Kumar Thakur, Advocate Ms. Sukrit Kumari, Advocate For the State :

Mr. Mahendra Prasad Verma, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:- (I) For direction upon the Respondent no. 5 to 7 for issuance of appointment letter in favour of Petitioner for the post of Supervisor cleanliness for the Gram Panchayat Raj Parsauni, North, under Block Bisfi in District Madhubani and

2/4 Consequently accepting joining to the said post with all Consequential benefits attached to the said post of Supervisor.

II. For any other relief/reliefs for which the petitioner found entitled to in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the present matter relates to the appointment to the post of Supervisor (Cleanliness) for the Gram Panchayat.

4. Learned counsel for the State submits that the appointment of the petitioner is governed by the Lohiya Swachh Bihar Abhiyan, under which the competent authority in relation to any complaint regarding appointment is the Deputy Development Commissioner.

5. In light of the submissions and particularly in view of the decision rendered by this Hon'ble Court vide order dated 02.09.2024 passed in CWJC No. 12654 of 2024 (Tripula Kumar vs. The State of Bihar & Ors.), which relates to the same issue, the operative part of the order is as follows:-

3. Learned counsel for the petitioner submits that by filing the present writ petition, he has challenged the appointment of private Respondent No. 11 violating the rule framed by Gramin Vikash

3/4 Vibhag, Lohiya Swaksha Bihar Abhiyan.

Counsel submits that even after his complaint, there is no action taken by the authority concerned, therefore, he has filed the writ application before this Hon'ble Court.

4. Learned counsel for the State opposes the prayer of the petitioner and submits that under Lohiya Swaksha Bihar Abhiyan, the Competent Authority is the Deputy Development Commissioner relating to any complaint in the matter of appointment. Counsel further submits that the petitioner has not approached before the D.D.C. on any earlier occasion and therefore, he ought to move before the D.D.C. first and then come to this Hon'ble Court.

5. After hearing the argument, counsel for the petitioner seeks permission to withdraw the writ petition seeking liberty before the D.D.C. concerned.

6. As such, the writ petition stands disposed off granting liberty to the petitioner to approach before the Deputy Development Commissioner (respondent No. 5) who is the Competent Authority for the appointment under Lohiya Swakshata Mission.

6. In light of the ratio as above, the petitioner is

4/4 hereby directed to approach the Deputy Development Commissioner, Madhubani (respondent No. 3), who is the competent authority for appointment under the Lohiya Swachh Bihar Abhiyan, by filing a representation along with a copy of this order within 30 days. The respondent No. 3 shall pass an order on the petitioner's representation within 60 days, upon hearing all concerned.

7. It is made clear that the 60 days shall be counted from the date of completion of appearance.

8. Accordingly, the present writ petition stands disposed off, along with I.A. No. 01 of 2024. (Dr. Anshuman, J.) Aman Kumar/- U