Patna High Court
Shanti Devi and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ application is disposed, with the court directing the petitioners to file a representation for reconsideration within four weeks.
Summary
Shanti Devi and Laxmi Devi, employed as Safai Karamchari in the Bihar Jail Department, filed a writ petition seeking regularisation of their service, payment of Class VI salary and related benefits. The respondents disclosed that a departmental committee had rejected their candidature on 24‑11‑2016 and that the petitioners had not previously challenged that order. The petitioners argued that the rejection was erroneous and indicated they would file a fresh representation for reconsideration. The court observed that the petitioners must first file a representation within four weeks seeking reconsideration of the departmental decision, after which the matter will be decided within two months. Consequently, the writ application was disposed of, subject to the stipulated representation.
Issues considered
- Whether a writ petition for regularisation of service can be entertained when the departmental rejection has not been challenged earlier
- Whether the petitioners are required to file a representation for reconsideration before the court can entertain the writ
Subjects
- service regularisation
- employment
- departmental committee
- writ jurisdiction
- Safai Karamchari
- salary
- benefits
- representation
- reconsideration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8318 of 2017
======================================================
1. Shanti Devi wife of Virendra Pandit resident of village Tareganadih, P.S.
Masaurhi, District Patna.
2. Laxmi Devi wife of Satyendra Mochi resident of village Hathia, Kansarai,
P.S. Maner, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Home (Jail) Department, Government
of Bihar, Main Secretariat, Patna.
2. The Director General of Police, Main Secretariat, Patna.
3. The Inspector General (Prison) Home (Jail) Department, Main Secretariat,
Patna.
4. The Superintendent, Sub Jail Masaurhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
Mr. Sujeet Kumar Sinha, Advocate
For the Respondent/s : Mr. Manish Kumar- Gp4
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 16-02-2026 Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. The petitioners have filed the instant application for
the following relief(s):
“That this application is being filed for
issuance of writs/order/ orders and/or direction/
directions for commanding the respondents concerned
for regularizing service of the petitioner on the post of
SAFAI KARAMCHARI in the Jail Department and
further for making payment of salary as prescribed for
Class VI employee and also further to grant all
consequential benefit to the petitioner for which they
Patna High Court CWJC No.8318 of 2017(3) dt.16-02-2026
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are entitled for.”
3. At the outset, it is submitted by learned counsel for
the respondents that the case of the petitioners was considered
by the respondents and by order dated 24.11.2016 (Annexure-A
to the counter affidavit filed on behalf of respondent nos.1, 3
and 4), the Departmental Committee rejected the candidature of
the petitioners. It is further submitted that the said order of
rejection has not been challenged by the petitioners in the
instant writ application.
4. Learned counsel for the petitioners referring to the
statements made in the rejoinder to the counter affidavit and
more particularly paragraph nos.4 and 5 thereof, submits that
the respondents have erred in rejecting the candidature of the
petitioners. He will be filing a fresh representation raising the
issues in paragraph nos.4 and 5 of the rejoinder before the
competent authority praying for reconsideration of the rejection
of the petitioner’s candidature. It is further submitted that the
petitioners are still working.
5. In view of the facts and circumstances stated herein
above, the writ application is disposed of.
6. In case the petitioners so file a
representation/petition praying for reconsideration of the
rejection of the candidature within a period of four weeks, the
Patna High Court CWJC No.8318 of 2017(3) dt.16-02-2026
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same shall be considered and decided in accordance with law
within a period two months from the date of its filing.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Saurabh/-
U
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