Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18167 of 2025 ====================================================== Shailendra Kumar Son of Uttam Paswan, Resident of Village- Ranitol, P.S.- Karpurigram, District- Samastipur (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Samastipur. 2.

The Block Development Officer, Samastipur.

3.

Sajan Kumar, Son of Rambabu Sahni, Resident of Village- Dariyapur Vishanpur, P.S.- Samastipur (Muffasil), District- Samastipur (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Om Prakash Upadhyay, Advocate For the Respondents :

Standing Counsel-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2025

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief :- "That this writ application is for a direction upon the respondent authorities to consider the continuance of the service of the petitioner for rendering service as Sweeper, who was engaged for the said work vide Memo No.3327 dated 26.10.2016 in the office of Block Development Officer, Samastipur for cleaning the rooms within the campus of Block-CumCircle office as Daily Wage employee, but, he has been arbitrarily and illegally disengaged by oral order of Block Development Officer, Samastipur, which is unjust, improper and as

Patna High Court CWJC No.18167 of 2025(2) dt.08-12-2025 2/3 such required to be set at rest as the decision of disengagement is highly incompetent, inhuman as has been done in respect of petitioner, who has rendered his service for nine years since 24.10.2016 till 31.07.2025, hence the instant writ petition is for a direction upon the respondent authorities to consider the representation of the petitioner in order to impart justice with the petitioner by reinstating/accommodating him.

And for such other order/orders as your Lordships may deem fit and proper in the facts and circumstances of the case."

3. It is submitted by learned counsel for the petitioner that a representation was filed by the petitioner before the District Magistrate, Samastipur, however the same not having been considered the instant application has been filed. It is prayed that the respondent concerned may be directed to consider the representation of the petitioner compassionately.

4. Having heard learned counsel for the parties and having perused the contents of the petition, the writ application is disposed of directing the petitioner to file a representation before the District Magistrate, Samastipur, who shall consider and dispose of the same at the earliest preferably within a period of two months from date of its filing.

5. It is made clear that the Court has not gone into the

Patna High Court CWJC No.18167 of 2025(2) dt.08-12-2025 3/3 merits of the case of the petitioner which is to be decided by the respondent concerned.

6. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) avinash/- U