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Patna High CourtL.P.A/564/2016dismissed

Rajni Devi v. The State Of Bihar And ORS

2017-07-24The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.564 of 2016 IN Civil Writ Jurisdiction Case No. 15188 of 2007 =========================================================== Rajni Devi .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar Jha, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, G.A.9 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 24-07-2017 Re.: Interlocutory Application No.2535 of 2016 The delay of 200 days in filing of this Appeal is condoned.

Interlocutory Application stands allowed and disposed of.

Re.: Letters Patent Appeal No.564 of 2016 In the matter of permitting the petitioner to continue as Lady Ward Attendant till the regular appointment was made, learned Writ Court has found that the petitioner's services came to an end as a contract employee on the daily wages on 01.12.2004 and she invoked the writ jurisdiction only in the month of November, 2007, the learned Writ Court refused to grant her

Patna High Court LPA No.564 of 2016 dt.24-07-2017 2/2 benefit on account of the fact that she has been discontinued more than three years back and her case cannot be compared with that of the petitioner of CWJC No.2217 of 2008 who approached the Court immediately after discontinuation of the contract appointment.

Keeping in view the reasons that weighed with the learned Writ Court for refusing to grant benefit to the petitioner as is detailed in the order passed, we find no error in it warranting reconsideration. The appeal is, therefore, dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.07.2017 Transmission Date