IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5122 of 2005 BULU DEVI Versus THE UNION OF INDIA & ORS ----------- 5. 13.5.2008. Heard learned counsel for the petitioner and the counsel for the Food Corporation of India(hereinafter referred to “as Corporation). 2. Petitioner is the daughter of Late Motiya Mosmat and has filed this writ application questioning the award dated 22.1.2004 whereunder claim of the said Motiya Mosmat for regularization on a Class-IV post in the Corporation has been refused on account of her death and failure of the petitioner to be substituted. In this connection reference is also made to the earlier order of the Tribunal dated 7.5.2003 whereunder application filed on behalf of the petitioner praying inter alia to substitute her in the proceedings before the Tribunal in place of Motiya Mosmat was rejected. 3. Learned counsel for the petitioner states that perusal of the order dated 7.5.2003 rejecting the substitution petition would indicate that the same has been passed without assigning any reason and ought not to have been 2 passed, rather the petitioner should have been substituted and thereafter her claim for regularization on a Class-IV post in lieu of services rendered by her mother should have been considered. 4. I regret to accept such submission in the light of the provisions contained in Article 16 of the Constitution of India as even a Class-IV post under the Corporation is a public office and subject to the norms enshrined under Article 16 of the Constitution of India as such for the services rendered by the mother petitioner could not have been considered for regularization and accordingly I see no reason to interfere with the award as also the order rejecting the substitution petition filed by the petitioner and this application is, accordingly dismissed. Rajesh/ ( V. N. Sinha, J.)