IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6776 of 2008 SMT.KAUSHALYA DEVI, WIFE OF SHRI KARTIK RAI, RESIDENT OF MOHALLA SHIVPURI, POLICE STATION AND DISTRICT SAHARSA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY(HOME) JAIL DEPARTMENT, GOVERNMENT OF BIHAR, MAIN SECRETARIAT, PATNA. 2. INSPECTOR GENERAL OF PRISON, JAIL DEPARTMENT GOVERNMENT OF BIHAR, MAIN SECRETARIATE, PATNA. 3. SUPERINTENDENT CENTRAL JAIL, BHAGALPUR. 4. SUPERINTENDENT, DISTRICT JAIL SAHARSA. ----------- 04. 04.07.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Female Warder in the Divisional Jail, Saharsa. She has filed this writ petition challenging the order bearing Memo No.1662 dated 13.11.2006, Annexure-1 whereunder she has been removed from the post of Female Warder of Saharsa Divisional Jail in the light of the resolution of the Personnel and Administrative Reforms Department of the State Government bearing Memo No.639 dated 16.3.2006 and the instructions of the I.G. Prison, Bihar, Patna contained in letter no.4974 dated 25.9.2006. 3. It is submitted on behalf of the petitioner that she was engaged as Female Warder in Saharsa Divisional Jail way back in the year 1988 and continued to serve as such to the satisfaction of all concerned until issue of order no.58 dated 13.11.2006, Annexure-1 removing her from the post of Female Warder. It is further submitted that action of the authorities to remove the petitioner is wholly arbitrary and discriminatory as Smt. Shanmati Devi who is also serving as Female Warder in Saharsa Divisional Jail since 2004 is still allowed to continue as such. It is also submitted that the authorities were obliged to 2 consider her case for regularization on the post of Female Warder in the light of the judgment of the Hon’ble Supreme Court in the case of Secretary, State of Karnataka and Ors. Versus Uma Devi(3) and Ors., reported in (2006) 4 Supreme Court Cases 1 as she has put in about 18 years of service may be as daily rated worker on the post of Female Warder in Saharsa Divisional Jail but to the satisfaction of all concerned. Having appreciated the aforesaid submission this Court under orders dated 3.5.2011 directed the State authorities to file counter affidavit in the matter, which has not been filed so far. 4. Having heard counsel for the parties, I dispose of the writ petition directing the petitioner to file fresh representation before the I.G. Prison, Bihar, Patna on the lines of representation already made by her dated 4.2.2008 addressed to the Superintendent, Saharsa Divisional Jail, Annexure-6 stating therein that she had served Saharsa Divisional Jail on the post of Female Warder since 1988 to the satisfaction of all concerned and her case is required to be considered for regularization in the light of the direction of the Hon’ble Supreme Court in the case of Uma Devi and Ors.(Supra). The I.G. Prison, Bihar, Patna should consider the representation of the petitioner and pass appropriate orders in the matter, as early as possible, in any case within three months from the date of receipt of the representation annexing a copy of this order. Rajesh/ ( V.N. Sinha, J.)