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Patna High CourtCWJC/12348/2023dismissed

Rajesh Kumar v. The State Of Bihar

2024-01-15Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12348 of 2023 ====================================================== 1.

Rajesh Kumar Son of Braj Nandan Ram Resident of Village-Goddi, P.O. Laxmipur, P.S. Laxmipur, District-Jamui.

2.

Yogendra Manjhi Son of Bilaku Manjhi Resident of Village-Bela, P.O. Gaura, P.S. Laxmipur, District-Jamui.

3.

Sanjay Kumar Son of Mahadev Das Resident of Village-Nojari, P.O. Laxmipur, P.S. Laxmipur, District-Jamui.

... ... Petitioner/s

Versus

1.

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

2.

The Under Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The Development Commissioner, Rural Development Dept. Government of Bihar, Patna.

4.

The Commissioner, Munger Division, Munger.

5.

The Distirct Magistrate-Cum-Chairman, District Water and Sanitation Committee, Jamui.

6.

The Deputy Development Commissioner-Cum-Vice Chairman, District Water and Sanitation Committee, Jamui.

7.

The Block Development Officer, Laxmipur.

8.

The Circle Officer, Laxmipur, 9.

The District Sanitation, District Water and Sanitation Committee, Jamui. 10.

The Block Corrdinator, Water and Sanitation Committee, Laxmipur, Jamui. 11.

The Mukhiya, Harla Panchayat, Block-Laxmipur, Jamui 12.

The Mukhiya, Madaiya Panchayat, Block-Laxmipur, Jamui 13.

The Mukhiya, Chinveriya Panchayat, Block-Laxmipur, Jamui. 14.

The Panchayat Secretary, Harla Panchayat, Block-Laxmipur, Jamui. 15.

The Panchayat Secretary, Madaiya Panchayat, Block-Laxmipur, Jamui. 16.

The Panchayat Secretary, Chinveriya Panchayat, Block-Laxmipur, Jamui. 17.

Rajesh Kumar Son of Narayan Das Resident of Village-Harla (Mahtha), Ward No.9 Panchayat-Harla, Police Station-Laxmipur, District-Jamui. 18.

Manjeet Kumar Son of Balram Tanti Resident of Village-Bela Post OfficeGaura, Panchayat-Maraiya, Police Station-Laxmipur, District-Jamui. 19.

Manjesh Kumar Son of Jaiprakash Das Resident of Village-Nojari, P.O. Laxmipur, Ward No.5, P.S. Laxmipur, Distirct-Jamui. ... ... Respondent/s ====================================================== Appearance :

Patna High Court CWJC No.12348 of 2023(2) dt.15-01-2024 2/3 For the Petitioner/s :

Mr.Krishn Nandan Prasad Arya For the Respondent/s :

Mr.Vikash Kumar ( Sc 11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of writ in the nature of Mandamus or any other appropriate writ for directing the Respondent Authorities to appoint the Petitioners for the post of Sanitation Supervisor in pursuance of the Clause-1.1 and Clause-3.4 as well as the check list for selection of sanitation supervisor as per Annexure-B of R.D.D. Letter 36 (C) dated 20.02.2021, whereby and whereunder the advertised post i.e.

Sanitation Supervisor has been specified for the candidates, who have been working as Swachhagrahi in the respective Panchayats by cancelling the candidatures and appointments as well as selections for the post of Sanitation Supervisor in the Harla, Madaiya and Chinveriya Panchayat respectively, in complete violation of the Guidelines of the Government, wherein, it has been specified that priority shall be given to the candidates, who have been working as Swachhagrahi and no candidate shall be appointed for the advertised post, who is the relative of representative such as Mukhiya, Panch, Ward Members etc. Besides this ignoring the same Respondent Nos.

Patna High Court CWJC No.12348 of 2023(2) dt.15-01-2024 3/3 illegally and arbitrarily been selected and appointed for the post of Sanitation Supervisor in a very mechanical manner or having otherwise interest.

(ii) For issuance of writ in the nature of Mandamus for directing and commanding the responsible Respondent Authorities to stay the operation of the illegal appointments of Respondent No. 17, 18 & 19 during the pendency of this writ application."

2.

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to approach the Respondents authorities for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

The present writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U