Kamlesh Kumar Jha vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2728 of 2023
======================================================
1. Kamlesh Kumar Jha S/o Abhay Kant Jha, R/o Village - Dubaha, P.S. - Sakra,
District - Muzaffarpur. Presently posted as Tax Collector, Nagar Parishad
Motipur, District - Muzaffarpur.
2. Rishan Kumar, R/o Village - Mathiya, Morsandi, P.S. - Motipur, District -
Muzaffarpur. Presently posted as Sanitary Inspector Nagar Parishad Motipur,
District - Muzaffarpur.
3. Rameshwar Prasad Mandal, S/o - Kailash Prasad Mandal, R/o Village -
Sadha Singaila, P.S. - Motipur, District - Muzaffarpur. Presently posted as
Safai Zamadar Nagar Parishad Motipur, District - Muzaffarpur.
4. Manoj Kumar, S/o - Shankar Prasad, R/o Village - Dewajit Persouni, P.S. -
Mehsi, District - East Champaran. Presently posted as Lower Division
Clerk, Nagar Parishad Motipur, District - Muzaffarpur.
5. Dipnarayan Rai, S/o - Ganesh Rai, R/o Village - Bakhra Road Motipur
Nagarpanchayat ward no. 11, P.S. - Motipur, District - Muzaffarpur.
Presently posted as Lower Division Clerk, Nagar Parishad Motipur, District
- Muzaffarpur.
6. Manoj Kumar, S/o Kishori Ray, R/o Village - Paraspur Mushahari, P.S. -
Kathaiya, District - Muzaffarpur.
7. Ranjit Kumar, S/o Adya Ram Akela, R/o Village - Koluha Gandhinagar
Road No. 5, P.S. - Ahiyapur, District - Muzaffarpur. Presently posted as
Upper Division Clerk, Nagar Parishad Motipur, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Urban Development and
Housing Department Govt. of Bihar, Patna.
2. The Principal Secretary Urban Development and Housing Department Govt.
of Bihar, Patna.
3. The Deputy Secretary Urban Development and Housing Department Govt.
of Bihar, Patna.
4. The Project Officer-cum-Deputy Director Urban Development and Housing
Department Govt. of Bihar, Patna.
5. The Executive Officer Nagar Parishad Motipur, District - Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv.
For the State : Mr. Kinkar Kumar (SC-9)
For the Resp. no. 5 : Mr. Harshvardhan Shivsundaram, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
2/21
CAV JUDGMENT
Date : 02-11-2026
Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Executive
Officer, Nagar Parishad Motipur (Respondent no. 5).
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of an appropriate writ in
the nature of Mandamus commanding and
directing the respondents authority to grant
the pay scale in view of Resolution No.
2503 dated 03.05.2018 and also for a
direction to make payment the arrear of
salary as well as current salary to the
petitioners w.e.f. 01.06.2019.
II. For issuance of any other relief/reliefs
which is essential in the eye of law in the
facts and circumstances of this case as well
as for interest of justice.”
3. Learned counsel for the petitioners submits that
all the petitioners were working in Nagar Parishad Motipur on
different posts having requisite qualification to the respective
posts and were discharging their duties with optimum
satisfaction of the concerned authority. It is submitted that

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
3/21
except petitioner nos. 1 and 4 all the petitioners were working as
daily wager. Meanwhile, under the direction of the State Govt.,
Nagar Panchayat Motipur framed a rule namely, Nagar
Panchayat Motipur Employment/Appointment Rules, 2016
under sections 37 & 38 of the Bihar Municipal Act, 2007 (Act
No. 11 of 2007). In pursuant to the aforesaid rule, all the
petitioners have started to discharge their duty as contractual
employee and they were being paid the remuneration as per
decision of the Empowered Standing Committee. Counsel
further submits that the Department of Urban Development and
Housing, Government of Bihar issued a Resolution contained in
Memo No. 2503 dated 03.05.2018 (Annexure-2), whereby
certain posts under Nagar Parishad, Nagar Nigam, Municipal
Corporation and Nagar Panchayat were sanctioned with
admissible pay scale and altogether, 2469 posts under different
Urban local self institutions were sanctioned. Counsel submits
that from perusal of aforesaid resolution, it is clear that in Nagar
Panchayat Motipur, 9 posts were sanctioned for Class-III and 4
posts were sanctioned for Class-II employees. It is further
submitted that pursuant to the resolution dated 03.05.2018, the
Electoral Board of Nagar Parishad Motipur in it’s meeting dated
09.03.2019 took decision to absorb the petitioners on different

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
4/21
posts such as Tax Collector, Sanitary Inspector, Safai Jamadar,
Lower Division Clerk, Lower Division Clerk and Upper
Division Clerk respectively. The decision of the Electoral Board
dated 09.03.2019 was also approved by the Empowered
Standing Committee in it’s meeting dated 08.05.2019 and
absorption/appointment letter was issued vide Memo No. 338
dated 17.05.2019 (Annexure-3).
4. Learned counsel for the petitioners further
submits that a letter was issued bearing Letter No. 339 dated
23.01.2020 (Annexure-4) by which the Govt. of Bihar sought
details from the Executive Officers to provide details in case
any employee died in harness for providing them benefit for
appointment on compassionate ground. Thereafter, the
Respondent no. 5 (Executive Officer, Nagar Parishad Motipur,
Muzaffarpur) issued Letter No. 519 dated 22.10.2020
(Annexure-6) and sent details to the Respondent no. 3 (Deputy
Secretary, Urban Development and Housing Department, Govt.
of Bihar, Patna) regarding fixation of pay scale of the petitioners
mentioning the admissible pay scale in view of Resolution
contained in Memo No. 2503 dated 03.05.2018. Counsel further
submits that in view of budgetary demand including the salary
of the petitioners sent by Respondent no. 5, the Govt. of Bihar

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
5/21
has also released fund vide letter contained in Memo No. 213
dated 04.03.2022 (Annexure-8). But, the petitioners are not
being paid their salary as per pay scale upon which they have
been appointed. He further submits that under the similar
circumstances, some Class-III employees under Sahebganj
Nagar Parishad appointed in view of resolution dated
th
03.05.2018 and they are being paid their salary in view of 5
pay revision which is evident from Letter No. 510 dated
10.09.2022, but due to oblique motive of respondent no. 5, the
petitioners are moving pillar to post for justice. Counsel submits
that the petitioner submitted representations before the
respondent no. 5 for making payment of current salary as well
as arrear of salary. Counsel further submits that the petitioners
have also submitted application before the Service Grievance
Redressal Officer, Urban Development & Housing Department,
and the Grievance Redressal Officer forwarded the paper to the
department and the department issued Letter No. 1091 dated
18.04.2023 to the respondent no. 5 with direction to take
appropriate steps regarding payment to the petitioners. But, even
then, the petitioners are not getting the salary as per fixation
made by the respondent authorities as contained in Annexure-6
to the writ petition.

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
6/21
5. Learned counsel for the petitioners further
submits that vide Letter No. 3998 dated 06.08.2015 (Annexure-
P/14), the Principal Secretary, Urban Development and Housing
Department issued a letter communicated to all the Executive
Officers of Nagar Parishad/Nagar Panchayat with specific
direction to take work from Executive Assistant apart from
those employees working earlier. Counsel submits that it is
painful to state here that in view of Resolution contained in
Memo No. 2503 dated 03.05.2018, appointment of Class-III &
IV employee has been made in almost all the Nagar Parishad
under the State of Bihar i.e. 142 in number. In case, there is no
application of resolution dated 03.05.2018 then the Additional
Secretary ought to have sought details from 142 Urban local
bodies. There are thousands of employees appointed after
resolution dated 03.05.2018 and are still working and getting
their salary like govt. employees. But, different view has been
taken against the petitioners and their employer who appointed
the petitioners have been followed the procedure. Counsel also
submits that the stand of the respondents is discriminatory and it
is not permissible in law. Counsel submits that vide Letter no.
6148 dated 13.09.2017, the Deputy Secretary issued a letter to
Executive Officer, Nagar Panchayat, Chakiya with specific

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
7/21
th th
direction to pay the salary in view of 5 and 6 pay revision to
the employees appointed like the petitioners and in the said
letter, it has categorically mentioned that with regard to
appointment and promotion it is upto local body, therefore, no
approval regarding appointment and promotion is given. This
letter is stand of the petitioners that appointment and promotion
of employees of local body is under domain of Empowered
Standing Committee and approval of pay is granted by the State
Govt. Counsel for the petitioners relied on a judgment of a Co-
ordinate Bench of this Court in C.W.J.C. No. 192 of 2024
(Pramod Kumar Vs. The State of Bihar & Ors.) which was
allowed vide judgment dated 12.09.2024 and it was held that the
Empowered Standing Committee of Nagar Parishad, Supaul has
power to continue till date which may be fixed by the committee
and it has also held that in view of Part-IX-A of the Constitution
of India, the Municipalities have declared as local self
government and in order to discharge their functions they can
appoint on temporary and permanent basis any person. The
Court has also quoted certain provisions by which Empowered
Standing Committee is competent body to regularize the service
of the local bodies.
6. Learned counsel for the State, on the other hand,

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
8/21
opposes the prayer and submits that counter affidavit on behalf
of respondent no. 5 has been filed and with regard to claim of
the petitioners, it is stated that the petitioners were working on
contract basis in Nagar Panchayat, Motipur from different dates.
The Urban Development and Housing department, Bihar
sanctioned 4 posts of Group-B and 9 posts of Group-C for every
Nagar Panchayat vide Resolution contained in Memo No. 2503
dated 03.05.2018 and it has been provided in clause-3 of the
aforesaid resolution that the appointment against Group-C and
D Posts shall be made by the municipal bodies in terms of the
regulations prescribed by the State Government. Counsel
submits that in the light of resolution dated 03.05.2018 and on
the basis of recommendation of the Electoral Board of Nagar
Panchayat, Motipur as well as its Empowered Standing
Committee, the then Executive Officer of Nagar Panchayat
Motipur appointed the petitioners against different sanctioned
posts and issued a common appointment letter vide Memo No.
338 dated 17.05.2019. Counsel further submits that under the
aforesaid circumstances when neither their appointment was
confirmed by the Department nor their salary was fixed, the
petitioners are still working as contractual employees and are
being paid honorarium per month at the rate fixed for

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
9/21
remuneration of contractual employees. He further submits that
the Department has asked explanation from the then Executive
Officer vide Letter No. 4556 dated 30.08.2023 with regard to
irregularities committed in appointment of the petitioners as due
process of selection was not exhausted and there was ban on
such regular appointments in municipal bodies vide
departmental letter No. 3475 dated 14.11.2014. Counsel submits
that it would be evident from the aforesaid facts that the very
appointment of the petitioners on regular basis is doubtful and
questioned by the Department and for that reason the petitioners
are still getting fixed honorarium which is paid to the
contractual employees.
7. Learned counsel for the State further submits that
vide Departmental Letter No. 3475 dated 14.11.2014, a
complete ban was imposed on the municipalities of the State to
make any kind of appointments. But in complete defiance of the
aforementioned department letter, the then Executive Officer,
Nagar Panchayat, Motipur regularized the services of the
employees working on contract/daily wage basis by the
Appointment Letter issued vide Memo No. 338 dated
17.05.2019. It is humbly submitted that in view of the above
stated complete ban, the appointment letters issued by the then

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
10/21
Executive Officer, Nagar Panchayat, Motipur were illegal.
Counsel submits that when the aforesaid illegality came to light
vide Departmental Letter No. 3639 dated 16.12.2022, a report
was called for with relevant documents with respect to the said
regularization on the issue of Reservation Roaster, Proper
publication of advertisement etc. In compliance of the same, the
Executive Officer, Nagar Panchayat, Motipur vide Letter No.
223 dated 27.04.2023 submitted a report, wherein, it was found
that approval of Reservation Roaster in the appointment of the
petitioners was not obtained from the competent authority as
also the prescribed procedure for the publication of
advertisement for the appointments were not followed. Counsel
submits that in pursuant to the aforesaid, the Project Officer cum
Deputy Director, Urban Development and Housing Department,
Govt. of Bihar vide Letter No. 4556 dated 30.08.2023 issued a
show cause to the then Executive Officer, Nagar Panchayat,
Motipur to explain as to under what circumstances the
regularization of the services of the petitioners and the proposal
for their regular pay was made available to the department for
its approval. Counsel submits that it is relevant to state here that
any municipality has not been conferred with the power to
making Rule under the provisions of the Bihar Municipal Act,

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
11/21
2007, rather it is only the state which has the power to make
Rules under Section-419 of the Bihar Municipal Act, 2007.
Therefore, Rule made by the Motipur Nagar Panchayat
(Annexure-1) is without jurisdiction and null and void and any
consequential action taken by the Motipur Nagar Panchayat
(presently, Motipur Nagar Parishad) under the garb of Rule is
also a nullity in the eye of law.
8. Learned counsel for the State further submits that
written notes of argument has been filed in which it has been
humbly submitted that counsel for the petitioners has relied on a
judgment in case of Pramod Kumar Vs. The State of Bihar &
Ors. (supra) , but the fact of the present case is entirely different
to that of case of Pramod Kumar Vs. The State of Bihar & Ors.
(supra) . In the present case, the petitioners have been
regularized on different post of Group ‘C’ by the Motipur Nagar
Panchayat in complete defiance of the direction of the State
Government as well as in contravention of the provision of the
Bihar Municipal Act and against known source of
regularization. It is clearly evident from the letter of
appointment/regularization dated 17.05.2019 that all the
petitioners except petitioner nos. 5 and 7 are said to be working
on contract basis w.e.f. 01.01.2017, whereas, the petitioner nos.

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
12/21
5 and 7 are said to be working since 01.12.2015. Therefore, it is
clearly manifest that all the petitioners have been allowed to
work on contract in complete defiance of the department
direction contained in Letter no. 3475 dated 14.11.2014 which
prohibits the Municipalities/District Urban Development
Authority not to take any work on any post on contract basis.
Whereas, in the case of Pramod Kumar Vs. The State of Bihar
& Ors. (supra) , the petitioner was employed as manpower by
the HR agency on the post of Executive Assistant by the
Empowered Standing Committee in terms with department
Letter No. 3998 dated 06.08.2015 and his services was
terminated in compliance of office order contained in Memo
No. 1674 dated 03.09.2016, as the agreement with the HR
agency was not extended and that to without issuance of any
show cause. Therefore, the order/judgment dated 12.09.2024
passed in the case of Pramod Kumar Vs. The State of Bihar &
Ors. (supra) as relied upon by the petitioners is not applicable in
the facts and circumstances of the present case. Counsel,
therefore, submits that the appointment/regularization of the
petitioners was illegal and void ab initio for the reasons that
their appointments were made without proper publication of
advertisement and without obtaining approval on reservation

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
13/21
roaster from the competent authority and if the petitioners are
allowed to continue in service, the same shall amount to
perpetuating the illegality and it is humbly submitted that this
writ petition is devoid of any merit and hence, fit to be
dismissed.
9. After hearing the parties and upon perusal of the
documents, it transpires to this Court that the basis of
demanding the relief to the petitioners is a rule framed by the
Nagar Panchayat Motipur namely, Nagar Panchayat Motipur
Employment/Appointment Rules, 2016 under sections 37 & 38
of the Bihar Municipal Act, 2007 (Act No. 11 of 2007)
(hereinafter referred to as ‘Act of 2007). This Court upon
verifying the law namely, Bihar Municipal Act, 2007
particularly it’s sections 37 & 38 along with other basic
provisions particularly section 40A inserted in this act on
08.01.2014 as well as section 488(1) and section 488(4)(b) of
the Act of 2007 finds that these provisions are very much
relevant for complete adjudication of the present case which are
quoted here-in-below:-
“ …..37- Establishment of Municipality
and schedule of posts:-
(1) The posts of officers and other
employees of the Municipality, other than

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
14/21
those referred to in sub-section (1) of
Section 36, shall constitute the municipal
establishment.
(2) The Municipality shall, by Regulation,
classify the posts of officers and other
employees constituting the establishment of
the Municipality into four categories,
namely, category 'A' post, category 'B' post,
category 'C' post, and category post, on the
basis of the scales of pay of such posts.
(3) The Municipality shall prepare, and
maintain, a schedule of posts of officers and
other employees constituting the
establishment of the Municipality, to be
called Establishment Schedule, and such
Establishment Schedule shall include the
designation, and the number of posts under
each designation, and shall be in three parts
of which Part I shall include category, A'
posts, Part II shall include category 'B1
posts, and Part III shall include category 'C'
posts and category 'D' posts.
(4) Every year the Chief Municipal Officer
shall place before the Empowered Standing
Committee for its consideration the
Establishment Schedule along with the
proposals for such changes therein as he
may consider necessary:
Provided that no upward revision of the size
of the establishment of the Municipality

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
15/21
shall be made without the prior sanction of
the State Government.
(5) The Empowered Standing Committee
shall, after consideration of the
Establishment Schedule along with the
proposals, if any, for changes therein, place
the same along with its recommendations, if
any, before the Municipality for approval
prior to the presentation of the budget
estimates to the municipality by the Chief
Councillor.
(6) The Chief Municipal Officer shall revise
the Establishment Schedule as approved by
the Municipality.
(7) The Empowered Standing Committee
may sanction any category 'C' post or
category 'D' posts for a period not
exceeding six months:
Provided that no such post shall be
sanctioned unless there is a provision in this
behalf in the budget estimates of the
Municipality.
(8) Subject to such norms regulating the size
of a municipal establishment as may be
fixed by the State Government from time to
time, no post of an officer or other employee
of the municipality shall be created by the
Municipality without the prior sanction of
the State Government, if the number of posts
to be so created in a year for a Municipality

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
16/21
is more than one per cent of the total
number of sanctioned posts of officers and
other employees in existence in the year
immediately preceding:
Provided that the number of posts as may be
admissible for creation in a year without the
prior sanction of the State Government after
the commencement of this Act, if not created
in that year, may be carried forward to the
next year, subject to a maximum of ten.
(9) The recruitment to the posts of officers
and other employees of the Municipality not
required to be made through the Public
Service Commission shall be made through
the local Employment Exchange or through
such other method as the State Government
may determine from time to time.
(10) Notwithstanding anything contained in
the foregoing provisions of this Section or
elsewhere in this Act, the Empowered
Standing Committee may decide to engage
on contract basis, officers and other
employees of the Municipality against such
posts of officers and other employees
referred to in sub-section (1) of Section 37.
…..38- Appointing Authorities - Subject to
the other provisions of this Act, the
appointing authority in respect of the posts
of officers and other employees constituting
the establishment of the Municipality shall

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
17/21
be,-
(a) in the case of category, 'A' posts, the
Chief Municipal Officer,
(b) in the case of category 'B' posts,-
(i) an Additional Municipal Commissioner
or a Joint Municipal Commissioner, in the
case of a Municipal Corporation, or
(ii) the Municipal Executive Officer, in the
case of a Municipal Council or a Nagar
Panchayat, and
(c) in the case of category 'C' posts and
category 'D' posts, such officer or officers of
the Municipality as the Chief Municipal
Officer may, with the prior approval of the
Empowered Standing Committee, designate
in this behalf.
…..40A- The State Government may make
provisions by framing Service Rules for
different categories of officers and other
employees of the Municipality for
recruitment, service conditions, posting,
transfer, promotion, disciplinary action and
other related aspects of municipal service
and municipal personnel management.
…...488:- Repeal and Savings:-
(1) With effect from the date of coming into
force of this Act, the Bihar Municipal Act,
1922, Patna Municipal Corporation Act,
1951, Bihar Municipal Corporation Act,
1978, Bihar Regional Development

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
18/21
Authority Act, 1981, Bihar Town Planning
& Improvement Trust Act, 1951, Bihar
Restrictions of Uses of Land Act, 1948,
Bihar Municipal Ordinance, 2007 shall
stand repealed.
…...488(4)(b) - Anything done or any action
taken (including any appointment, Rule,
bye-laws, Regulation made, granted or
issued under various Acts listed in sub-
section (1) and (3) of this Section shall,
continue to be in force and be deemed to
have been done or taken under the
provisions of this Act unless it is
superceeded modified/altered by any thing
done or any action taken under this Act.”
10. This Court finds that the genesis of the
appointment demanded by the petitioners is the Nagar
Panchayat Motipur Employment/Appointment Rules, 2016
which is basically a genuine document or not. This Court finds
that section 40A of the Act of 2007 clearly states that the State
Government may make provisions by framing Service Rules for
different categories of officers and other employees of the
Municipality for recruitment, service conditions, posting,
transfer, promotion, disciplinary action and other related aspects
of municipal service and municipal personnel management.

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
19/21
From this provision, it become crystal clear that it is the State
Government who has to make provision and to frame rule and
not the municipality himself.
11. This Court also finds that section 488 of the Act
of 2007 which is a repealing and saving clause has basically
repealed Bihar Municipal Act, 1922, Patna Municipal
Corporation Act, 1951, Bihar Municipal Corporation Act, 1978,
Bihar Regional Development Authority Act, 1981, Bihar Town
Planning & Improvement Trust Act, 1951, Bihar Restrictions of
Uses of Land Act, 1948, Bihar Municipal Ordinance, 2007. But,
on the other hand, the repealed provision has also been saved
and it states in section 488(4)(b) of the Act of 2007 that
Notwithstanding the provisions of sub-section (1): and sub-
section (3) - Anything done or any action taken (including any
appointment, Rule, bye-laws, Regulation made, granted or
issued under various Acts listed in sub-section (1) and (3) of this
Section shall, continue to be in force and be deemed to have
been done or taken under the provisions of this Act unless it is
superceeded modified/altered by any thing done or any action
taken under this Act.
12. It transpires to this Court that power of framing
service rules for recruitment and others with regard to officers

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
20/21
and other employees of the municipality has been vested in the
State Government. Here, admittedly, the Nagar Panchayat
Motipur itself has framed a rule. This Court is of the firm view
that the said rule which is Annexure-1 is not in accordance with
law, as this rule has been framed in 2016, but in the year 2014
itself vide order dated 08.01.2014, section 40A has been inserted
in the Bihar Municipal Act, 2007. It further transpires to this
Court that at the time of framing of the rule i.e. Annexure-1 of
the writ petition, neither section 40A nor section 488 of the Act
of 2007 has been taken into consideration.
13. This Court is of the firm view that the said rule
i.e. Annexure-1 of the writ petition has not been framed by the
municipality in accordance with law and therefore, anything
done on the basis of Annexure-1 is bad in law. This Court finds
that due to the legal constraint, the petitioners are not entitled
for any relief at this juncture as demanded in the writ petition.
But, considering that the petitioners are working before the
Nagar Panchayat Motipur since long and they are providing
service to the municipality, therefore, this Court hereby directs
the Principal Secretary Urban Development and Housing
Department Govt. of Bihar, Patna (Respondent No. 2) to take a
decision with regard to the petitioners after hearing the

Patna High Court CWJC No.2728 of 2023 dt.02-11-2026
21/21
Executive Officer, Nagar Parishad Motipur, Muzaffarpur
(Respondent no. 5) as well as the petitioners in accordance with
law, within a period of 90 days. The said 90 days shall be
counted from the date of appearance of all concerned before the
Respondent no. 2. It is made clear that the petitioners shall not
be disturbed and they shall be permitted to work and are entitled
to receive the payment which they are receiving at present and
their status quo shall not be disturbed, till final hearing and
passing a reasoned and speaking order by the Respondent no. 2
in the present matter.
14. Accordingly, with the aforesaid observation and
direction, this writ petition stands disposed off.

(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE 22/09/2026
Uploading Date 02/11/2026
Transmission Date NA