IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9883 of 2024 ====================================================== Chotoo Malik @ Chhotoo Mallik Son of Late Suresh Mehtar@ Late suresh Malik Resident of Village- Shivpuri, Near Bus Stand, Ward No. 16, P.S. and P.O.- Araria, District- Araria. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary Urban Development and Housing Department, Govt. of Bihar, Patna. 2. That Executive Officer, Nagar Parishad, Araria, District- Araria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Kumar Jha, Advocate For the State : Mr. Raj Kishore Rai, (GP-18) Mr. Navnit Kumar, Advocate (AC to GP-18) For the Resp. no.2 : Mr. Sanjay Kumar Sharma, Advocate Mr. Rohit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 09-02-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for Nagar Parishad, Araria. 2. The present writ petition has been filed for issuance of a writ in the nature of Mandamus commanding the respondents authorities to appoint the petitioner on compassionate ground at any suitable post under Araria Nagar Parishad in which the father of the petitioner was working as Patna High Court CWJC No.9883 of 2024 dt.09-02-2026 2/4 Safai Karamchari on regular post who died in harness on 15.07.2020 itself. 3. Learned counsel for the petitioner submits that the father of the petitioner died in harness on 15.07.2020. Thereafter, the petitioner’s mother with the consent of family members filed an affidavit on 16.10.2020 authorizing her second son (petitioner) for compassionate appointment. Then, the petitioner filed his application on 27.10.2020 before the respondent authority for consideration of his appointment on compassionate ground. But, the authority concerned has not considered the case of the petitioner, even after taking verification from the S.P. office Araria who has given a good character certificate. 4. Learned counsel appearing for Nagar Parishad, Araria submits that the father of the petitioner was working on Group-D post i.e. sweeper, but the Group-D post in the Municipal local bodies has been abolished by the government by virtue of Notification contained in Memo No. 2503 dated 03.05.2018 and vide Letter No. 885 dated 24.03.2023 issued by the Urban Development & Housing Department, Bihar, Patna. He further submits that the candidature of the petitioner can be considered for appointment on Group-C post, but he has no Patna High Court CWJC No.9883 of 2024 dt.09-02-2026 3/4 adequate qualification for the said post. As such, the consideration of the petitioner’s appointment on Group-D post (sweeper) is not legally possible. 5. In response thereof, learned counsel for the petitioner submits that it is true that presently, the petitioner has no qualification to be appointed on Group-C post, but at least some consideration may be taken if possible, that the petitioner be appointed as outsourcing agency. 6. In the light of the submissions made by the parties that post of Sweeper (Group-D) has been abolished vide policy decision of the Urban Development & Housing Department, Bihar, Patna, therefore, this Court is not directing anything that the petitioner be appointed on Group-D post (Sweeper). But, this Court only directs the Executive Officer, Nagar Parishad, Araria (Respondent no.2) that the petitioner’s case may be directed to be placed before the outsourcing agency and if, the outsourcing agency requires or in any need of a person, then his case may be placed before the outsourcing agency, upon looking into the competency of the person independently. The outsourcing agency be permitted to work with other similarly situated persons. But, no protection has been granted to the petitioner by this Court. The petitioner shall Patna High Court CWJC No.9883 of 2024 dt.09-02-2026 4/4 work in accordance with his own efficiency. 7. Accordingly, with the aforesaid direction, this writ petition stands disposed off. Divyansh/- (Dr. Anshuman, J) AFR/NAFR CAV DATE NA Uploading Date 12/02/2026 Transmission Date NA