Punam Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Punam Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to file her representation with a copy of the order before the District Magistrate-cum-Chairman, District Jal and Swakshta Samiti, Bhagalpur (Respondent no.4) within 30 days; Respondent no.4 to fix the matter for hearing with all concerned and decide within 90 days, counted upon appearance of all concerned. The appointment letter itself was not granted by this order.

Issue for consideration

Whether the respondents should be directed to grant the petitioner the selection/appointment letter to the post of Swakshta Supervisor along with monetary benefits on the ground that the Mathurapur Panchayat has already passed a resolution selecting her to the said post. +1 more

Court's answer

The writ petition was disposed of with the aforesaid directions without itself adjudicating the claim for the selection/appointment letter on merits, leaving that claim to be decided by Respondent no.4 in the representation proceedings.

Ratio / Principle

Taking note of the preliminary objection regarding the grievance forum, the Court directed the petitioner to file her representation, along with a copy of the order, before the District Magistrate-cum-Chairman, District Jal and Swakshta Samiti, Bhagalpur (Respondent no.4) within 30 days.

Key takeaways

Respondent no.4 was directed to fix the matter for hearing with all concerned and decide it within 90 days, the said 90-day period to be counted upon appearance of all concerned.ratio¶24

Detailed headnote1 paragraphs

PATNA HIGH COURT (Dr. Anshuman, J.) — Civil Writ Jurisdiction Case No.4371 of 2026, decided 26-03-2026. Punam Devi, stated to have been selected to the post of Swakshta Supervisor by resolution of Gram Panchayat Mathurapur (Block Kahalgaon, District Bhagalpur) under Lohiya Swaksh Bihar Abhiyan Phase-2, filed a writ petition seeking a direction to the respondents to issue her selection/appointment letter along with monetary benefits. The State raised a preliminary objection that clause-27 of the scheme guidelines prescribes the grievance forum — the B.D.O. at block level and the District Magistrate at district level — which the petitioner had not availed before moving the High Court. Disposing of the petition, the Court directed the petitioner to file her representation with a copy of the order before the District Magistrate-cum-Chairman, District Jal and Swakshta Samiti, Bhagalpur (Respondent no.4) within 30 days, and directed Respondent no.4 to fix the matter for hearing with all concerned and decide it within 90 days, the period to be counted upon appearance of all concerned. The claim for the appointment letter was not adjudicated on merits by the Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4371 of 2026

======================================================

Punam Devi Wife of Prakash Kumar Das Resident of village and P.O.Mathurapur, P.S.- Kahalgaon, District- Bhagalpur.

... ... Petitioner/s

Versus

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

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

The Director, Rural Development, Government of Bihar Patna.

The District Magistrate -cum- Chairman, District Jal and Swakshta Samiti, Bhagalpur.

The Deputy Development Commissioner -cum- Chairman, Jila Jal and Swakshta Samiti, Bhagalpur.

The Director -cum- Member Secretary, District Jal and Swakshta Samiti, Bhagalpur.

The Sub- Divisional Magistrate, Kahalgaon, Bhagalpur.

The Block Development Officer -cum- Block Project Monitoring Unit, Kahalgaon, Bhagalpur.

Mukhiya, Gram Panchayat- Mathurapur, Block- Kahalgaon, (Bhagalpur).

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the State : Mr. Mujtabaul Haque (GP-12) Mr. Vasant Vikas (AC to GP-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 26-03-2026 Heard learned counsel for the petitioner and learned

counsel for the State.

The present writ petition has been filed directing

the respondents to grant selection/appointment letter to the post

Patna High Court CWJC No.4371 of 2026(2) dt.26-03-2026 2/3

of Swakshta Supervisor to the petitioner along with monetary benefits on the ground that the Mathurapur Panchayat has already passed resolution selecting the petitioner on the said post and/or pass such other order/orders as may deem fit and proper.

Learned counsel for the State raised a preliminary objection and submits that the present matter is relating to Lohiya Swaksh Bihar Abhiyan Phase-2. Counsel submits that clause-27 of the said guidelines talks about the forum of grievances. He submits that at block level, the B.D.O is the person who is the head and at the district level, it is the District Magistrate who is the head. The petitioner has not avail her remedy before the District Magistrate and directly moved before this Hon’ble Court.

As such, the petitioner is hereby directed to file her representation along with a copy of this order before the District Magistrate-cum Chairman District Jal and Swakshta Samiti, Bhagalpur (Respondent no.4), within 30 days. Upon receiving the petitioner’s representation, the respondent no.4 is directed to fix this matter for hearing with all concerned and decide within 90 days. The said 90 days shall be counted upon appearance of all concerned.

Patna High Court CWJC No.4371 of 2026(2) dt.26-03-2026 3/3

Accordingly, with the aforesaid direction, this writ

petition stands disposed off.

(Dr. Anshuman, J)

Divyansh/-

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