Geeta Devi v. The State Of Bihar

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 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

2/4 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

3/4 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.

4/4

7. Accordingly, with the aforesaid direction, this writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U