Sweta Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sweta Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay condoned and appeal allowed: learned Single Judge's order dated 29.01.2019 in CWJC No. 18094 of 2018 set aside insofar as the appellant; reinstatement directed within one month; arrears from the date of filing the LPA till reinstatement to be calculated and disbursed within three months; other service benefits on par with Arti Kumar and ten others (LPA No. 770 of 2019).

Issue for consideration

Whether the delay of about 3 years, 3 months and 25 days in filing the Letters Patent Appeal should be condoned (I.A. No. 01 of 2022). +1 more

Court's answer

Delay of about 3 years, 3 months and 25 days in filing the LPA stands condoned, taking note of the decision in LPA No. 770 of 2019; I.A. No. 01 of 2022 is allowed.

Ratio / Principle

Having slept over the matter for about 3 years, 3 months and 25 days, the appellant is entitled to monetary benefits from the date of filing the LPA till reinstatement.

Key takeaways

Other service benefits shall be extended to the appellant on par with Arti Kumar and ten others (LPA No. 770 of 2019).ratio¶17
The concerned authority is directed to reinstate the appellant within a period of one month from the date of receipt of the order.ratio¶18
Arrears from the date of filing the LPA till reinstatement shall be calculated and disbursed in favour of the appellant within a period of three months from the date of receipt of the order.ratio

Detailed headnote1 paragraphs

Condonation of delay — LPA filed after about 3 years, 3 months and 25 days against learned Single Judge's order dated 29.01.2019 in CWJC No. 18094 of 2018 — delay condoned because the matter was covered by the co-ordinate Bench decision dated 20.12.2019 in LPA No. 770 of 2019 (Arti Kumar and ten others), wherein the same Single Judge's order was set aside and consequential benefits extended to the appellants therein; the appellant, petitioner at Serial No. 16 in the writ petition, could not approach the LPA Bench earlier. On merits, appeal allowed: Single Judge's order set aside insofar as the appellant is concerned; monetary benefits granted only from the date of filing the LPA till reinstatement (the appellant having slept over the matter); other service benefits on par with Arti Kumar and ten others; reinstatement directed within one month and arrears to be calculated and disbursed within three months of receipt of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.306 of 2022 In

Civil Writ Jurisdiction Case No.18094 of 2018

======================================================

Sweta Kumari

... ... Appellant/s

Versus

The State of Bihar & Ors.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Siyaram Shahi For the Respondent/s : Mr.Gyan Prakash Ojha ( Ga 7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

7 13-05-2025

Re:I.A. No. 01 of 2022

Heard I.A. No. 01 of 2022, for the condonation of

delay of about 3 years, 3 months & 25 days. Even though sufficient cause has not been shown for the period from 29.01.2019 till 19.03.2020, and thereafter COVID-19 period could be taken into consideration. However, identical persons have invoked remedy before LPA Bench in LPA No. 770 of 2019 which was disposed of on 20.12.2019 while setting aside the order of learned Single Judge dated 29.01.2019 passed in CWJC No. 18094 of 2018. Appellant was one of the petitioner and her name appears at Serial No. 16 in the CWJC No. 18094 of 2018. She could not approach in filing LPA against the order

Patna High Court L.P.A No.306 of 2022(7) dt.13-05-2025 2/3

of learned Single Judge. On the other hand, remaining some of the petitioners have approached this Court in filing LPA No. 770 of 2019 in which learned Single Judge order has been set aside. Consequential benefits have been extended to such of those who are appellants. Taking note of the aforementioned decision appellant has preferred the present LPA, therefore, delay of about 3 year, 3 months & 25 days stands condoned. Accordingly, I.A. No. 01 of 2022 stands allowed.

Heard on merits of the case. Perusal of the records, it is evident that matter is squarely covered by Co-ordinate Bench decision dated 20.12.2019 passed in LPA No. 770 of 2019. Now, question is relating to reinstatement and grant of monetary benefits. Having slept over the matter for about 3 years, 3 months and 25 days, appellant is entitled to have the benefit of monetary benefits from the date of filing LPA till reinstatement. In respect of other service benefits shall be extended on par with Arti Kumar and ten others (LPA No. 770 of 2019).

The concerned authority is hereby directed to reinstate appellant within in a period of one month from the date of receipt of this order. Arrears from the date of filing LPA till reinstatement shall be calculated and disbursed in favour of the

Patna High Court L.P.A No.306 of 2022(7) dt.13-05-2025 3/3

appellant within a period of three months from the date of receipt of this order.

With the above observation, order of the learned Single Judge dated 29.01.2019 passed in CWJC No. 18094 of 2018 stand set aside insofar as appellant is concerned.

Pending Interlocutory Application(s), if any, stands

disposed of.

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J)

abhishekkr/-

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