IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3065 of 2010 1. ALL INDIA SAFAI MAZDOOR CONGRESS, KOSI DIVISION, SAHARSA, REGISTERED UNDER INDIAN TRADE UNION ACT 1926 BEARING REGISTRATION NO. 7262 THROUGH ITS PRESIDENT BISHNUDEV BALMIKI, S/O LATE BANARSI BALMIKI, R/O GANDHI PATH, WARD NO. 8, SAHARSA Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, STATE OF BIHAR 3. THE DEPUTY SECRETARY, DEPTT. OF URBAN DEVELOPMENT, GOVT. OF BIHAR 4. DISTRICT MAGISTRATE, SAHARSA, BIHAR 5. ADDITIONAL DISTRICT MAGISTRATE, SAHARSA, BIHAR 6. SUB DIVISIONAL OFFICER, SAHARSA, BIHAR 7. SPECIAL OFFICER, MUNICIPAL COUNCIL, SAHARSA, BIHAR 8. EXECUTIVE OFFICER, MUNICIPAL COUNCIL, SAHARSA, BIHAR 9. ASSISTANT LABOUR COMMISSIONER, SAHARSA, BIHAR 10. PRESIDENT/CHAIRMAN, MUNICIPAL COUNCIL, SAHARSA, BIHAR 11. MUNICIPAL COUNCIL, SAHARSA, BIHAR THROUGH EXECUTIVE OFFICER, MUNICIPAL COUNCIL, SAHARSA ----------- 6. 13.04.2010. Heard learned counsel for the petitioner-All India Safai Mazdoor Congress, Kosi Division, Saharsa (hereinafter referred to as the “Congress”). 2. Petitioner has filed this writ application for a direction to the Municipal Council, Saharsa to consider the case of the members of the Congress for appointment on the post of Sweeper. 3. By filing counter affidavit on behalf of Respondent Nos. 8 and 11, the Executive Magistrate, Sadar Subdivision, Saharsa-cum-Incharge Executive Officer, Nagar Parishad, Saharsa has submitted that the Council is getting Government contribution only to the extent of 60 per cent of the salary head and the remaining 40 per cent of the salary head and other expenses incurred by the Council is to be met from the internal resources of the Council. He has further submitted that for the present 67 sweepers are working on daily wage basis and they are being paid Rs. 102/- per day. Besides the daily wage sweepers there are 15 regular sweepers who are being paid salary in the scale. The counter affidavit, however, does not make any statement that the funds generated by the Council is not enough for - 2 - making appointment of Sweepers in the Municipal Council, Saharsa. In paragraph 6 of the counter affidavit further statement has been made that the Counsellors of the Council are seriously contemplating to increase the internal resources of the Council so that the enhanced liability on account of increased number of wards are properly attended to by appointing members of the Congress as Sweepers in the Council. 4. In the counter affidavit there does not appear to be any definite statement about the appointment on the post of Sweepers in the Council. In the circumstances, I am not inclined to proceed any further with the matter, however, I grant liberty to the petitioner- Congress to file another writ petition, may be Public Interest Litigation for commanding the Council to carry out the functions entrusted to it under the Bihar Municipal Act, 2007. While this order was being dictated learned counsel for the petitioner submitted that the affidavit filed on behalf of Respondent Nos. 8 and 11 by Sri Krishna Mohan Ram, the Executive Magistrate, Sadar Subdivision, Saharsa-Cum-Incharge Executive Officer, Municipal Council, Saharsa is not in terms with Order 19 Rule 3 of the Civil Procedure Code. The affidavit may not be exactly in terms of Order 19 Rule 3 of the Civil Procedure Code but this Court is concerned with the contents of the affidavit which has been affirmed by the Executive Magistrate Sadar Subdivision, Saharsa-cum- Incharge Executive Officer, Nagar Parishad, Saharsa, as such, I do not take any exception to the form of the affidavit and dispose of the writ application. P.K.P. (V.N.Sinha,J.)