Patna High Court
Sudhir Kumar vs The State Of Bihar And Ors on 15 September, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11459 of 2013
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Sudhir Kumar Son Of Late Jageshwar Mahto Resident Of Village- Azad
Nagar Ganj, Police Station- Bakhtiarpur, Post Office- Simri Bakhtiarpur,
District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Health Department, Bihar, Patna.
2. The District Magistrate, Saharsa.
3. The Civil Surgeon Cum Chief Medical Officer, Saharsa.
4. The In-Charge Medical Officer, Primary Health Center, Salkhua, District-
Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Siya Ram Shahi, Advocate
Ms. Homa Yunus, Advocate
Mr. Rana Hason, Advocate
Mr. Gyan Prakash Ojha, GA-7
For the Respondent/s : Mr. Devendra Kr Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 15-09-2025
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s) :-
"i) For the issuance of an appropriate writ in
quashing the order of District Magistrate, Saharsa,
communicated to the petitioner vide Memo No. 681
dated 04.05.2013 (annexure 14).
(ii) For the issuance of an appropriate writ in
quashing the consequential orders of the Civil
Surgeon Cum Chief Medical Officer, Saharsa which
was communicated to the petitioner vide Memo No.
Patna High Court CWJC No.11459 of 2013 dt.15-09-2025
2/7
1406 dated 09.05.2013 and the order which was
communicated through letter No. 134 dated
10.05.2013
to the petitioner by the In-charge
MedicalOfficer, Primary Health Center, Salkhua,
Saharsa (annexure 15 & 16 respectively).
(iii) For the issuance of an appropriate writ
commanding the respondents to reinstate the
petitioner to the post of Class IV (Peon cum
Jharukash) from the date of his removal i.e.
04.05.2013 with all consequential benefits.
(iv) For any other relief or reliefs as your lordship
may deem fit and proper in the facts and
circumstances of the case."
3. The case of the petitioner in brief is that he was
appointed on daily wage in the office of the Block Development
Officer, Simri, Bakhtiarpur on 1.3.1988. In the list of daily wage
employees prepared by the respondents, the name of the
petitioner figured at Serial no. 2.
4. On the respondents coming out with a scheme for
appointment against sanctioned posts from amongst the daily
wage workers, Bande Lal Yadav whose name figured at Serial
no. 1 in the panel dated 31.10.1994 was appointed on a regular
basis in the office of the District Education Officer, Saharsa. So
far as the petitioner and others were concerned, by order dated
19.3.1999, the District Magistrate, Saharsa terminated the
services of the daily wage workers which led to the petitioner
Patna High Court CWJC No.11459 of 2013 dt.15-09-2025
filing CWJC no.12569 of 1999.
5. CWJC no.12569 of 1999 was disposed of by order
dated 12.4.2005 directing the State-respondents to consider the
case of the petitioner for appointment/regularization and
empanelment giving them necessary upper age relaxation.
Further direction was given to the authorities to consider and
pay the arrears of wages.
6. After passing of the order dated 12.4.2005 in CWJC
no.12569 of 1999, the respondents came out with an order dated
24.4.2007 temporarily appointing 45 candidates from the
District Level panel of the year 1995-96 and 1997-98. The name
of the petitioner figured at serial no.45 and he was appointed at
the Primary Health Center, Salkhua.
7. One Uttam Lal Yadav moved the Patna High Court
in CWJC no.8589 of 2007 claiming appointment in the
Backward Class category. His case was that inspite of Sudhir
Kumar (petitioner herein) being much below in the panel for the
category, Sudhir Kumar had been illegally appointed while he
had been left out. CWJC no.8589 of 2007 was disposed of
directing the District Magistrate to consider the representation
of Uttam Lal Yadav within a reasonable time.
8. The respondents having considered the
Patna High Court CWJC No.11459 of 2013 dt.15-09-2025
representation filed by Uttam Lal Yadav as directed by order
dated 15.3.2012 (Annexure-13) and taking into consideration
the relevant position in the panel prepared, Uttam Lal Yadav
was found fit for appointment and the appointment of Sudhir
Kumar was set aside.
9. It is against this order dated 4.5.2013 of the District
Magistrate, Saharsa and the consequential orders dated 9.5.2013
of the Civil Surgeon-Cum-Chief Medical Officer, Saharsa and
the order dated 10.5.2013 of the In-charge Medical Officer,
Primary Health Centre, Salkhua, Saharsa that the instant
application has been preferred with a further prayer to reinstate
the petitioner on the post of Class-IV with effect from 4.5.2013.
10. It is submitted by learned counsel for the
petitioner that the name of the petitioner had been recommended
by the District Level Establishment Committee and it was
pursuant to the order dated 12.4.2005 passed in CWJC no.12569
of 1999 that he was appointed. Further with respect to the order
dated 15.3.2012 passed in the case of Uttam Lal Yadav, the
Court had directed the respondents to consider the case of Uttam
Lal Yadav but there was no direction to remove Sudhir Kumar.
11. It is submitted by learned counsel appearing for
the respondents that pursuant to the recommendation of the
Patna High Court CWJC No.11459 of 2013 dt.15-09-2025
District Establishment Committee, Saharsa in its meeting held
on 24.4.2007 that the petitioner whose name figured at Serial
no. 386 of the prevailing panel prepared for the year 1997-98
was appointed on the vacant post of Class-IV available in the
Backward Class category on 26.4.2007. Pursuant to the order
dated 15.3.2012 in the case of Uttam Lal Yadav on a
comprehensive review of the appointment of the petitioner by
the District Appointment Committee, Saharsa held on 3.5.2013
it transpired that while Uttam Lal Yadav was at serial no. 14, the
petitioner was at serial no. 386 of the panel and as such setting
aside the order of appointment of the petitioner, Uttam Lal
Yadav was appointed. It is thus not possible to appoint the
petitioner.
12. Having heard learned counsel for the parties and
having perused the material on record, the relevant facts of the
case are that the services of the petitioner who was working as
the daily wage worker having been terminated by order dated
19.3.1999 by the District Magistrate, Saharsa, the petitioner
moved this Court by CWJC no.12569 of 1999, which was
disposed of directing the respondents to consider the case of the
petitioner for appointment/regularization. Pursuant thereto the
petitioner was provisionally appointed by order dated 26.4.2007.
Patna High Court CWJC No.11459 of 2013 dt.15-09-2025
13. It was in the year 2007 itself that Uttam Lal Yadav
challenged the appointment of the petitioner and also prayed for
his own appointment in the Backward Class category by filing
CWJC no.8589 of 2007, which came to be disposed of by order
dated 15.3.2012 directing that the District Magistrate should
consider the representation of Uttam Lal Yadav and if he is of
the view that Uttam Lal Yadav deserves preference over Sudhir
Kumar, he be given Class-IV post. It was further ordered that if
the representation of Uttam Lal Yadav does not find favour with
the District Magistrate, he should pass order within the same
time giving reasons as to why Uttam Lal Yadav has been
ignored and Sudhir Kumar appointed.
14. It has not been contested/disputed that both the
petitioner Sudhir Kumar and Uttam Lal Yadav belong to the
same category and in the panel prepared, the name of Uttam Lal
Yadav figures higher than that of Sudhir Kumar.
15. In this view of the matter on the respondents
considering the case of Uttam Lal Yadav pursuant to the
direction contained in order dated 15.3.2012 (Annexure-13)
passed in CWJC no.8589 of 2007, the respondents set aside the
appointment of Sudhir Kumar and appointed Uttam Lal Yadav.
16. Learned counsel for the petitioner has not been
Patna High Court CWJC No.11459 of 2013 dt.15-09-2025
able to show any illegality in the order dated 4.5.2013 passed by
the District Magistrate, Saharsa. The Court finds no merit in the
instant writ application.
17. The application is dismissed.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR
CAV DATE N/A
Uploading Date 15.09.2025
Transmission Date
