Patna High CourtC. REV./82/2013dismissed

Anita Devi v. The State Of Bihar And ORS

2015-01-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.82 of 2013 IN Civil Writ Jurisdiction Case No. 2586 of 2010 =========================================================== Anita Devi W/O Late Ram Kumar Chauhan, R/O Village - Lal Koti Road, P.O. + Block + District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director Welfare Department of Bihar, Patna

3. The Deputy Director Welfare Purnia Division, Purnia

4. The District Magistrate, Katihar

5. The District Welfare Officer-cum-Superintendent of Remand Home, Katihar .... .... Opposite Parties/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Narayan Mahto, Advocate For the Opp.Party Nos. 1 to 5 : Mrs. Nivedita Nirvikar, GP 10 Mr.Manoj Kumar, AC to GP 10 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Date: 29-01-2015 ------------ Heard the parties.

The petitioner no.2 of CWJC No. 2586 of 2010 has filed the present Civil Review application seeking review of the order dated 24.08.2010 passed in the aforesaid CWJC No. 2586 of 2010 by a Bench of this Court (Coram: Navin Sinha,J. as His Lordship then was) whereby claim for regularization of service of the deceased husband of the petitioner was rejected on the ground that there is no question of regularization of service of a person appointed on daily wage basis who is already dead. However, so far as the claim for arrears of daily wage is concerned, direction was made for consideration of the claims of the writ petitioners in accordance with law.

Patna High Court C. REV. No.82 of 2013 dt.29-01-2015 2/2 Indisputably, the husband of the petitioner was engaged on daily wage basis and he is already dead. Therefore, the learned writ court has rightly rejected the claim of the petitioner for regularization of service of her deceased husband. The present petition for review seems to be completely misconceived and untenable. No case for review is made out. It is, accordingly, dismissed. (Birendra Prasad Verma, J) Tahir/- U