Patna High Court
Sunita Devi vs The State Of Bihar on 20 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.41 of 2020
In
Civil Writ Jurisdiction Case No.19792 of 2019
======================================================
Sunita Devi Wife of Shankar Kumar Lal Das @ Shankar Kumar Das, resident
of Village- Jhanjharpur Market, Langara Chak, P.S.- Jhanjharpur, District-
Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Director General of Police, Govt. of Bihar, Patna
3. The I.G. Prison, Patna.
4. The Superintendent of Central Kara, MuzaffarPur.
5. The District Magistrate, Madhubani.
6. The Superintendent of Up-Kara, Jhanjharpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md. Harun Quareshi, Adv.
For the State : Dr. Mankeshwar Tiwari, AC to AAG3
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 20-02-2023
Ref.: I.A. No. 02 of 2020
The present interlocutory application has been
filed for condonation of delay of 32 days in preferring the
present Letters Patent Appeal.
For the reasons stated in this application, the
prayer is allowed and the delay in preferring the appeal is
hereby condoned.
Patna High Court L.P.A No.41 of 2020 dt.20-02-2023
The I.A. No. 02 of 2020 stands allowed.
Ref.: LPA No. 41 of 2020
Heard Md. Harun Quareshi, learned advocate for
the appellant and Dr. Mankeshwar Tiwari for the State.
The appellant seeks regularization of her services
as Lady Constable, which prayer has been rejected by the
Inspector General of Prisons, Government of Bihar and the
order has been affirmed by the learned Single Judge vide
his order dated 08.11.2019 passed in CWJC No. 19792 of
2019.
The appellant had come up before this Court
earlier vide CWJC No. 20813 of 2014 wherein a Single
Bench of this Court vide order dated 09.05.2018, relying
upon a decision of this Court in Md. Jawed Hussain &
Ors. Vs. The State of Bihar through Principal
Secretary, Home Department & Ors., 2017 (4) PLJR
858 permitted the appellant to approach the Inspector
General (Prison), Patna for considering her claim for
regularization.
Patna High Court L.P.A No.41 of 2020 dt.20-02-2023
When such a claim was made by the appellant,
she was relieved from her engagement. The appellant had
preferred appeal against the aforesaid order passed by the
learned Single Judge which had given her only a limited
window vide LPA No. 1026 of 2008.
In the aforenoted appeal, it was held that the
appellant herein would be permitted to work on daily
wages but, she would stand relieved as soon as a
permanent Lady Warder/Lady Home Guard is
posted/deputed on the said post.
The learned Single Judge in this instance, whose
order is under challenge, did not find anything on record
indicating whether any permanent Lady Warder/Lady
Home Guard had been posted/deputed on the post
concerned.
However, the decision of the Inspector General
(Prison), Government of Bihar, refusing to regularize the
services of the appellant, was affirmed, holding that no
Patna High Court L.P.A No.41 of 2020 dt.20-02-2023
such regularization could be made as it would be violative
of Article 14 of the Constitution of India.
The learned Single Judge has also noted that the
appellant had been given only a small window thorough
which she could be permitted to officiate as a daily-wager
but only till such time that a regular appointee was posted.
No right accrues to the appellant to claim
regularization against the said post.
There is no merit in this appeal.
The appeal stands dismissed.
(Ashutosh Kumar, J)
( Harish Kumar, J)
rishi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2023
Transmission Date
