Amrita Mishra vs State Of Bihar

I.A. No. 1 of 2022

The present interlocutory application has been filed for condonation of delay of 299 days in filing the appeal against the judgment dated 29.1.2019 passed by the learned Single Judge of this Court in CWJC No. 18094 of 2018.

The present application is not opposed by the learned counsel appearing for the Respondents 1st set.

Considering the grounds mentioned in the present interlocutory application as also taking into account the fact that the Respondents 1st set have got no objection in case the delay in filing the present appeal is condoned, we deem it fit and proper to condone the delay in filing the present appeal.

Accordingly, I.A. No. 1 of 2022 is allowed.

L.P.A. No. 73 of 2020

The present appeal is directed against the judgment dated 29.1.2019 passed by the learned Single Judge of this Court in CWJC No. 18094 of 2018 whereby and whereunder the writ petition was disposed off with liberty to the writ petitioners to approach the Principal Secretary, Social Welfare Department, Government of Bihar, Patna, for redressal of their grievances, however, certain directions were also issued to the State-Respondent with regard to completion of the appointment process, which had begun with the issuance of advertisement in question.

The learned Senior Counsel appearing for the petitioner has pointed out that out of the 17 writ petitioners, 11 of them had filed an appeal against the impugned judgment dated 29.1.2019, passed in CWJC No. 18094 of 2018 and the learned Division Bench of this Court by a judgment dated 20.12.2019 has been pleaded to allow the said appeal, the order impugned has been set aside and substituted with the following orders:-

"(i) The order contained in memo no. 401 dated 8.8.2018 of the Commissioner, Patna Division, Patna and order contained in memo no. 882 dated 13.8.2018of the District Magistrate, Buxar impugned in the writ application are quashed so far as the appellants are concerned.

(ii) The appellants are directed to be reinstated in service with effect from the date of their termination with all consequential benefits.

(iii) The authorities concerned in the Social Welfare Department shall proceed with the process of selection for filling up the remaining vacancies after appointment of the appellants herein."

We had put a query to the learned counsel for the Respondents 1st set as to whether process of selection for filling up the remaining vacancies has been completed, as to whether the appellants of the aforesaid appeal bearing LPA No. 770 of 2019 have been appointed and as to whether any vacancies are available, to which the learned counsel for the State has submitted that the appellants of the aforesaid appeal bearing LPA No. 770 of 2019 have already been reinstated in service and are working and still there are vacant posts available. The learned State counsel has also informed that the aforesaid judgment dated 20.12.2019 passed in LPA No. 770 of 2019 has become final inasmuch as the same has not been challenged by the Respondent-State before the Hon'ble Apex Court.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the impugned judgment dated 29.1.2019 passed in CWJC No. 18094 of 2018 has already been set aside by a learned Division Bench of this Court in LPA No. 770 of 2019 vide judgment dated 20.12.2019, we deem it fit and proper to allow the present appeal in similar terms.

Accordingly, the present appeal stands allowed in terms of judgment dated 20.12.2019 passed in LPA No. 770 of 2019, consequently, the impugned judgment dated 29.1.2019 passed by a learned Single Judge of this Court in CWJC No. 18094 of 2018 is set aside, as far as the appellant herein, who was petitioner no. 2 in the writ petition bearing CWJC No. 18094 of 2018, is concerned.