IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1026 of 2008 1. THE STATE OF BIHAR 2. The Director General of Police, Bihar, Patna 3. The Superintendent of Central Kara, Muzafarpur. 4. The District Magistrate, Madhubani. 5. The Superintendent of Up kara, Jhajharpur. Versus SUNITA DEVI, wife of Sankar Kumar Lal Das, resident of village- Jhanjharpur, Market Langara Chak, District- Madhubani ----------- 7 09.09.2009 Heard learned counsel for the appellants and the State of Bihar and also learned counsel for the petitioner-respondent. By the order under appeal dated 24.7.2008 the writ Court has held that petitioner being daily wager who entered into service contrary to law and in violation of Article, 14 of the Constitution of India, cannot claim for regularization. However, while denying the claim of regularization to the writ petitioner by the same very order, the writ Court found that the writ petitioner had been removed from where she was working as daily wager mainly because she had filed the writ petition. In that view of the matter, the writ Court set aside the order dated 27.11.2005 which had been passed during pendency of the 2 writ petition to remove the writ petitioner from working as a daily wager After hearing the parties, on 24.6.2009 this Court passed an order that in the special facts of the case, the order of the writ Court should be complied with and the writ petitioner should be taken back as daily wager and thereafter the appeal may be heard on merits. Today, learned counsel for the State has produced before us a copy of the order passed by Superintendent of Sub-Jail, Jhanjharpur contained in Memo No. 503 dated 2.7.2009 which shows that the writ petitioner has been permitted to submit her joining on daily wage against the post of Lady Warder. A perusal of that order shows that the writ petitioner has been granted permission to work on daily wages but she will stand relieved as soon as permanent lady warder/Lady Home Guard is posted/deputed on the post concerned. In our view, the nature of the subsequent order dated 15th of July, 2009 should satisfy the appellants because it is in their hands to make appointment/posting of a permanent lady warder in Sub Jail, Jhajharpur in accordance with law. 3 Hence in our view, their remains nothing more to be decided. The appeal is accordingly, disposed of. Bibhash (Shiva Kirti Singh, J.) (Jyoti Saran, J.)