The Patna High Court disposed of a writ petition seeking confirmation of service and grant of ACP for a lady Supervisor. The court directed the Director, I.C.D.S., to take a final decision on a communication sent within eight weeks.
Director, I.C.D.S. directed to take final decision on communication dated 29.10.2016 within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16767 of 2016
======================================================
Neelam Kumari Wife of Ram Suyash Thakur, resident of New Professor Colony Dighi West, Town and District- Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar For the Respondent/s : Mr.Md. Raisul Haque- Sc10 ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 21-05-2019 Matter has been listed today in the summer vacations
as learned counsel for the petitioner was desirous for consideration of his case during vacation.
The slip for listing was filed pursuant to notice dated 08th May, 2019, published prior to the vacation.
The matter is, accordingly, taken up for consideration as both parties are present and willing to assist the court for disposal of the matter.
Heard counsel for the petitioner and counsel for the respondents-State.
Patna High Court CWJC No.16767 of 2016(2) dt.21-05-2019 2/3
Petitioner's claim in writ petition is for confirmation of service and grant of ACP.
Petitioner is a lady Supervisor and in the counter affidavit it has been stated that similar claim of others was also pending and authorities consider it appropriate to seek instruction from the Director, Integrated Child Development Department, Patna whether departmental examination/ hindi examination is pre-requisite for confirmation of service. Accordingly, on 29.10.2016 communication was made to the Director, I.C.D.S in the department of Social Welfare. Response is still awaited and only thereafter claim of the petitioner along with others can be considered.
It is agreed between the parties that ends of justice would be served, if final decision is taken by respondent no.3 upon communication dated 29.10.2016, if same has not been done till date.
In the circumstances, no useful purpose would be served keeping writ petition pending. Accordingly, respondent no.3 (Director, Integrated Child Development Department, Patna) is directed to take final decision on communication dated 29.10.2016 (Annexure G of the counter affidavit), if the same has not been taken/communicated till date within a period of
Patna High Court CWJC No.16767 of 2016(2) dt.21-05-2019 3/3
eight weeks from the date of receipt/production of a copy of this order.
Writ petition stands disposed off.
(Madhuresh Prasad, J)
s.hassan/-
U
1 issue framed by the court
Whether the petitioner, a lady Supervisor, is entitled to confirmation of service and grant of ACP.
Neelam Kumari
State Of Bihar
The Principal Secretary, Social Welfare Department, Government of Bihar, Patna
The Director Integrated Child Development Department, Government of Bihar, Patna
The Commissioner, Darbhanga Division, Darbhanga
The Deputy Development Commissioner, Darbhanga District
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
