Patna High Court
Amrita Mishra vs The State Of Bihar on 22 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.73 of 2020
In
Civil Writ Jurisdiction Case No.18094 of 2018
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Amrita Mishra w/o Sri Rajesh Tiwari, r/o village- Pandeypatti, p.s.- Buxar
District- Buxar.
... ... Appellant/s
Versus
1. The State of Bihar
2. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna.
3. The Director, I.C.D.S. Bihar at Patna.
4. The Divisional Commissioner, Patna.
5. The District Magistrate, Buxar.
6. The District Programme Officer, I.C.D.S. Buxar.
7. Arti Kumari, d/o Sri Kashi Nath Tiwari, r/o village- Bara Sihanpura, p.s.-
Simari, District- Buxar.
8. Anju Kumari, w/o Sri Ajay Kumar, r/o- Station Road Dumraon, p.s.-
Dumraon District- Buxar.
9. Kumari Shweta Rai, w/o Dhananjay Rai, r/o village- Charitrawan, p.s.-
Buxar District- Buxar.
10. Sadhana Devi, w/o Mahavir Bhagat, r/o village- Chhotki Sarimpur, p.s.-
Buxar, District- Buxar.
11. Kumari Shashiwala Sharma, w/o Sri Sanjay Kumar Sharma, r/o Village-
Kanjharua P.S.- Dumraon District- Buxar.
12. Firoza bano, w/o Md. Irfan, r/o Village- Raghunathpur Brahampur District-
Buxar.
13. Sunita Kumari, w/o Shashi Kant Mishra, r/o Village- Nandpur, Balun, p.s.-
Brahampur District- Buxar.
14. Preeti Kumari, d/o Bhola Kanaujia, r/o Village- Machharhatta, p.s.- Buxar
District- Buxar.
15. Renu Prabha, w/o Upendra Kumar Ram, r/o Village- Rajpur, p.s.- Buxar,
District- Buxar.
16. Rinku Kumari, d/o Surendra Ram, r/o Village- Rajpur, p.s.- Buxar, District-
Buxar.
17. Shipra Kumari, d/o Baliraj Thakur, r/o Village- Gali Ghat, p.s.- Brahampur,
District- Buxar.
18. Jyotismati Kumari, w/o Sri Rajesh Tiwari, d/o Nagina Prasad, r/o Village
Pandey Patti, p.s.- Buxar District- Buxar.
19. Roopam Kumari, d/o Dharmnath Kumar, r/o Village- Dumari, p.s.- Simari,
District- Buxar.
20. Sunita Kumari, d/o Bimal Prasad, r/o- Village- Harpur Basudhar, p.s.- Itadhi
Patna High Court L.P.A No.73 of 2020 dt.22-02-2022
District- Buxar.
21. Sweta Kumari, d/o Govind Singh, r/o Village- Rajpur, P.S.- Rajpur District-
Buxar.
22. Usha Kumari, d/o Onkar Nath Dubey, r/o Kali Sthan by pass road, Buxar
p.s. - Buxar District- Buxar.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Anant Kumar Bhaskar
For the Respondent/s : Mr.Gyan Prakash Ojha (Ga7)
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CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
Date : 22-02-2022
Ref.:-I.A. No. 1 of 2022
The present interlocutory application has
been filed for condonation of delay of 299 days in
filing the appeal against the judgment dated
29.1.2019 passed by the learned Single Judge of
this Court in CWJC No. 18094 of 2018.
The present application is not opposed by
the learned counsel appearing for the Respondents
1st set.
Considering the grounds mentioned in the
present interlocutory application as also taking into
account the fact that the Respondents 1st set have
got no objection in case the delay in filing the
Patna High Court L.P.A No.73 of 2020 dt.22-02-2022
present appeal is condoned, we deem it fit and
proper to condone the delay in filing the present
appeal.
Accordingly, I.A. No. 1 of 2022 is allowed.
L.P.A. No. 73 of 2020
The present appeal is directed against the
judgment dated 29.1.2019 passed by the learned
Single Judge of this Court in CWJC No. 18094 of
2018 whereby and whereunder the writ petition
was disposed off with liberty to the writ petitioners
to approach the Principal Secretary, Social Welfare
Department, Government of Bihar, Patna, for
redressal of their grievances, however, certain
directions were also issued to the State-
Respondent with regard to completion of the
appointment process, which had begun with the
issuance of advertisement in question.
The learned Senior Counsel appearing for
the petitioner has pointed out that out of the 17
writ petitioners, 11 of them had filed an appeal
against the impugned judgment dated 29.1.2019,
passed in CWJC No. 18094 of 2018 and the learned
Patna High Court L.P.A No.73 of 2020 dt.22-02-2022
Division Bench of this Court by a judgment dated
20.12.2019 has been pleaded to allow the said
appeal, the order impugned has been set aside
and substituted with the following orders:-
"(i) The order contained in memo no. 401
dated 8.8.2018 of the Commissioner,
Patna Division, Patna and order contained
in memo no. 882 dated 13.8.2018of the
District Magistrate, Buxar impugned in the
writ application are quashed so far as the
appellants are concerned.
(ii) The appellants are directed to be
reinstated in service with effect from the
date of their termination with all
consequential benefits.
(iii) The authorities concerned in the Social
Welfare Department shall proceed with the
process of selection for filling up the
remaining vacancies after appointment of
the appellants herein."
We had put a query to the learned counsel for
the Respondents 1st set as to whether process of
selection for filling up the remaining vacancies has
been completed, as to whether the appellants of
the aforesaid appeal bearing LPA No. 770 of 2019
Patna High Court L.P.A No.73 of 2020 dt.22-02-2022
have been appointed and as to whether any
vacancies are available, to which the learned
counsel for the State has submitted that the
appellants of the aforesaid appeal bearing LPA No.
770 of 2019 have already been reinstated in
service and are working and still there are vacant
posts available. The learned State counsel has also
informed that the aforesaid judgment dated
20.12.2019 passed in LPA No. 770 of 2019 has
become final inasmuch as the same has not been
challenged by the Respondent-State before the
Hon'ble Apex Court.
Having regard to the facts and circumstances
of the case, considering the submissions made by
the learned counsel for the parties and taking into
account the fact that the impugned judgment
dated 29.1.2019 passed in CWJC No. 18094 of
2018 has already been set aside by a learned
Division Bench of this Court in LPA No. 770 of 2019
vide judgment dated 20.12.2019, we deem it fit
and proper to allow the present appeal in similar
terms.
Patna High Court L.P.A No.73 of 2020 dt.22-02-2022
Accordingly, the present appeal stands
allowed in terms of judgment dated 20.12.2019
passed in LPA No. 770 of 2019, consequently, the
impugned judgment dated 29.1.2019 passed by a
learned Single Judge of this Court in CWJC No.
18094 of 2018 is set aside, as far as the appellant
herein, who was petitioner no. 2 in the writ petition
bearing CWJC No. 18094 of 2018, is concerned.
(Rajan Gupta, J)
( Mohit Kumar Shah, J)
Ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2022
Transmission Date NA
