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2026 DAILYLAW 35717 (PAT)

Shambhu Kunvar @ Shambhu Kuer v. The State of Bihar

CWJC/12954/2021 · 2026-01-08

Partha Sarthy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12954 of 2021 ====================================================== Shambhu Kunvar @ Shambhu Kuer S/o Jagannath Kunvar, Resident of Mohalla - Banu Chhapar, Bettiah, P.S. Bettiah Mufassil, District- West Champaran. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Chief Secretary, Bihar, Patna. 3. The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna. 4. The Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar, Patna. 5. The Divisional Commissioner, Tirhut Division, Muzaffarpur. 6. The Collector-cum-District Magistrate, West Champaran at Bettiah. 7. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Bettiah, West Champaran. 8. The Working Chairman-cum-Vice Chairman, Zila Parishad, Bettiah, West Champaran. 9. Sri Ramdeshwar Singh S/O Late Jagdaban Singh, Resident of Village - Gabandi, P.S.- Kundwa Chainpur, District - East Champaran, at present working as Niyojit Anurekhak, (Retired Anurekhak or Tracer), Zila Parishad, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raushan Raj, Advocate Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. K.P. Gupta, GP- 10 Ms. Deepanjali Gupta, AC to GP- 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 5 08-01-2026 Heard learned counsel for the parties. 2. The petitioner has filed the instant application for the following reliefs: “A. For issuance of a writ in the nature of certiorari or any other appropriate writ, or order/s, direction quashing the Patna High Court CWJC No.12954 of 2021(5) dt.08-01-2026 2/3 followings :- I. The quash the order dated 29.05.2021 contained in memo no. 134 issued by the respondent no. 7 whereby and whereunder the respondent no. 9 (who has been retired from the post of tracer, from Zila Parishad, Betiah) has been re-employed on contractual basis for 11 months in complete violation of the guidelines of the department in this regard. (Annexure-3) II. To quash the order dated 02.06.2021 contained in memo no. 135 issued by the respondent no. 7 directing the respondent no. 9 to take all charges of the post of Accountant-cum-Head Clerk of Zila Parishad and Zila Abhiyanta Karyalaya from the petitioner. (Annexure-5) B. For issuance of a writ in the nature of mandamus or any other appropriate writ, or order/s, direction commanding the respondents for the followings:- I. To treat the Annexures-3 and 5 to the petition to be nullity and non-est in the eye of law. II. To hold that the impugned orders have been passed without following the guidelines prescribed by the department in this regard. III. To hold that a permanent Patna High Court CWJC No.12954 of 2021(5) dt.08-01-2026 3/3 arrangement, under which a permanent employee is working on a permanent vacant post, can not be replaced/substituted by a temporary arrangement. IV. To hold that the impugned orders are illegal and completely without jurisdiction. C. For any other relief/s to which the petitioner is found entitled to.” 3. Mr. Raushan Raj, learned counsel, on instruction of Mr. Sanjeev Kumar, Advocate-on-record, seeks permission to withdraw this application. 4. This application is dismissed as withdrawn. sauravkrsinha/- (Partha Sarthy, J) U