Usha Devi @ Usha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 11316 of 2015 ====================================================== Usha Devi @ Usha Kumari, wife of Late Gopal Singh, resident of villageNaudiha, P.S.- Khaira, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

4. The Divisional Commissioner, Munger Division, Munger.

5. The District Magistrate-cum-Collector, Jamui.

6. The Deputy Collector (Establishment), Jamui.

7. The Additional District Magistrate, Jamui. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr Jyoti Ranjan Jha, Advocate For the Respondent/s : Mr. V.K. Singh- Ga3 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner as well as the learned counsel appearing on behalf of the State. A limited submission is being made on behalf of the petitioner so the matter is being taken up for final disposal. She submits that in other cases bearing CWJC No 2288 of 2016 and CWJC No 2639 of 2016, the case of the petitioners had been disposed of with certain observations to the District Magistrate, Jamui to consider the grievance of the petitioners and dispose of their claim for regularization in accordance with the existing policy. It is also pointed out that this Court, by judgment dated

Patna High Court CWJC No.11316 of 2015 (2) dt.14-03-2018 2/2 21.02.2018, had disposed of a writ petition relying upon the order passed in the said two writ petitions in CWJC No 12988 of 2015. Learned counsel for the petitioner submits that the petitioner also proposes to make her representation within a period of two weeks from today claming regularization in terms of the existing policy before the District Magistrate, Jamui as she has been working as candidate peon in the said district of Jamui for a long time.

Whether the petitioner is entitled and her case is worthy of consideration for regularization, it is for the District Magistrate to consider?

Needless to say that if the petitioner is found entitled to the aforesaid relief and is able to show that she is similarly situated as others in respect of whom the positive consideration had been made, then the District Magistrate, Jamui would be obliged to consider the claim of the petitioner also in accordance with law and dispose of the same expeditiously within a period of three months from the date of receipt/production of a copy of this order.

The writ petition is disposed of accordingly. (Madhuresh Prasad, J) M.E.H./- U