Rita Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9103 of 2020 ====================================================== Rita Sinha Wife of Ashwini Kumar Sinha Resident of Khanger Gali, Diwan Mohalla, Patna City, P.S.- Khajekalan, District- Patna, Bihar- 800008. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary-Cum- Principal Secretary, General Administration Department, Government of Bihar. 3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Patna.

5.

The District Selection Committee through its Chairman-cum- District Magistrate, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushik For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-01-2022 Heard learned counsel for the parties.

2. State counsel accepts notice for respondents.

3. In the instant petition, petitioner has prayed for the following relief/reliefs:

"i. For issuance of an order, direction or writ of certiorari for quashing and setting aside the order contained in Memo No. 459 dated 09.10.2019 issued under the signature of respondent number 4 whereby and where under the representation filed by the petitioner in the light of the order passed by this Hon'ble Court on 06.11.2018 in C.W.J.C. No. 19247/2018 for regularization of her service in terms of the policy of the Government, has been rejected.

ii. For issuance of an order, direction or a writ of mandamus for directing the respondents to consider the case of the petitioner for regularization of her service in the light of the

Patna High Court CWJC No.9103 of 2020 dt.03-01-2022 2/2 decision of the Government for regularization contained in Memo No. 639 dated 16.03.2006."

4. The matter is taken up for final disposal in view of the fact that petitioner has not been given ample opportunity of hearing while passing Annexure P 11 dated 09.10.2019 relating to regularization of his services in terms of earlier direction of this Court passed in C.W.J.C. No. 19247 of 2018 decided on 06.11.2018. On this issue Annexure P 11 dated 09.10.2019 stands set aside and matter is remanded to the District Collector, Patna in providing one more opportunity of hearing and adducing any material information for the purpose of regularization. The petitioner shall appear before the District Collector, Patna on 10th of February, 2022 at 3:00 pm.

5. The District Collector, Patna is hereby directed to give one or two opportunity and decide the petitioner's grievance on merit within a period of three months from the date of hearing.

6. With the above observations, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 06.01.2022 Transmission Date