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Patna High Court

Shanti Devi and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
                                            2/3




                       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
                                                        3/3




                      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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