IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8750 of 2009 MANJU DEVI, WIFE OF BALLAM DOM, RESIDENT OF VILLAGE SAIDA BAZAR P.O. AND P.S. HILSA DISTRICT NALANDA----PETITIONER. Versus 1. THE STATE OF BIHAR 2. DISTRICT AND SESSIONS JUDGE, NALANDA AT BIHARSHARIF, NALANDA. 3. THE JUDICIAL INCHARGE NAZARAT AT BIHARSHARIF, NALANDA. 4. THE JUDGE INCHARGE ADMINISTRATION, CIVIL COURT, HILSA, NALANDA. ------RESPONDENTS. ----------- 04. 06.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is engaged as Sweeper in the judgeship of Nalanda at Biharsharif. It is submitted on his behalf that her case for appointment on the post of sweeper is not being considered in the judgeship as there is no sanctioned post for sweeper, although she is serving as such for quite a long time with effect from 24.8.1990 and was also interviewed on 13.2.2004. As the sanctioned post of sweeper is not available in the judgeship, petitioner cannot be appointed as sweeper until such post is sanctioned by the State Government. 3. Accordingly, this Court directs the District Judge, Nalanda at Biharsharif to take steps with the State Government so that the post of sweeper is sanctioned in the judgeship and as and when the post of sweeper is sanctioned case of the petitioner be considered for such appointment taking into account her engagement rendered as a sweeper. In case, the post of sweeper is not sanctioned by the State Government her case for such appointment be considered against Class-IV post. Until she is appointed as sweeper or against Class-IV post she be paid the minimum wages of sweeper as per the notification of the State Government. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -