Kumari Tarun v. The Bihar State Legal Service Authority And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13074 of 2016 =========================================================== Kumari Tarun Daughter of Late Hari Narayan Ram, Resident of Village + P.O.+ Police Station- Harnaut, District- Nalanda.

.... .... Petitioner

Versus

1. The Bihar State Legal Service Authority through its Chairman, Bihar, Patna.

2. The Secretary, Bihar State Legal Service Authority, Bihar, Patna.

3. The Chairman, Permanent Lok Adalat, Patna High Court, Patna.

4. The Chairman, District & Sessions Judges, District Legal Service Authority, Nalanda at Biharsharif.

5. The Secretary, District Legal Service Authority, Nalanda at Biharsharif.

6. District Magistrate, cum Deputy Chairman, Distirct Legal Services Authority, Nalanda at Biharsharif.

7. The District Legal Service Authority, Appointment Committee, Nalanda at Biharsharif.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar, Adv. For the Respondent/s : Mr. P.N.Shahi, Sr.Adv. Mr. Manish Kumar, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 31-07-2017 Heard Mr. Surendra Kumar, learned counsel for the petitioner and Mr. P.N.Shahi, learned Senior Counsel, appearing for the State Legal Services Authority and its functionaries alongwith Mr. Manish Kumar, Advocate.

The grievance of the petitioner is that although she figured in the waiting list of the panel so prepared for appointment to the post of Clerk cum Typist pursuant to the employment notice and despite there being vacancies due to non-joining of the appointed candidate, yet she has not been offered appointment although she comes within

Patna High Court CWJC No.13074 of 2016 dt.31-07-2017 the consideration zone.

Mr. Kumar, learned counsel for the petitioner and Mr. Shahi, learned Senior Counsel, representing the State Legal Services Authority, are in agreement that the issue so raised by the petitioner is covered by the opinion of this Court as expressed in the order arising from C.W.J.C.No. 16360/2016 (Bal Mukund Kumar v. the State of Bihar & ors.), which in turn rests on a decision of a Co-ordinate Bench of this Court in C.W.J.C.No. 236/2016 (Manjeet Kumar v. the State of Bihar & ors.), a copy of which is placed at Annexure 6 to the writ petition, and the writ petition can be disposed of on similar terms.

Having heard learned counsel for the parties and considering that the issue stands discussed in the judgments referred to above, I deem it proper to dispose of the writ petition with a direction to the Chairman, District Legal Services Authority, Nalanda to consider the case of the petitioner in the light of the orders passed by this Court in the case of Manjeet Kumar (supra) and Bal Mukund Kumar (supra) and in case the petitioner has made out a case for consideration, then to extend the similar benefit to her but the exercise be completed expeditiously and preferably within a period of eight weeks from the date of receipt/ production of a copy of this order.

Patna High Court CWJC No.13074 of 2016 dt.31-07-2017 The writ petition is allowed accordingly.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE 11.08.2017 Uploading Date NA Transmission Date NA