Patna High CourtCWJC/17135/2017disposed

Onas Manjhi v. The State Of Bihar And ORS

2017-12-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17135 of 2017 ====================================================== Onas Manjhi, Son of Asharfi Manjhi, resident of Village and Post- Khajuhatti, District- Gopalganj.

... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Education Department, Govt. of Bihar, Patna.

2. The District Magistrate, Gopalganj.

3. The District Education Officer, Gopalganj.

4. The Block Education Officer, Gopalganj.

5. The District Programme Officer, Establishment, Gopalganj.

6. The Headmaster, Govt. Primary School, Khap Maksudpur, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Singh For the Respondent/s :

Mr. Madhaw Prasad Yadav -GP23 Mr. Rajesh Kumar Sinha, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Counsel for the petitioner submits that the case of the petitioner for compassionate appointment was forwarded by the Block Education Officer on 19.9.2012 and thereafter the District Programme Officer has also considered the case of the petitioner and forwarded the same to the District Magistrate, Gopalganj way back on 16.10.2015 but the same is pending there and till date the respondents have not finally decided the claim of the petitioner.

In the peculiar facts and circumstances of the case, when

Patna High Court CWJC No.17135 of 2017(2) dt.15-12-2017 2/2 the matter is pending at the level of the District Magistrate, Respondent No. 2, there is no point in keeping the matter pending. The writ application is, accordingly, disposed of with the direction to the respondent-District Magistrate, Gopalganj to take final decision in the matter of compassionate appointment of the petitioner, if not already taken, within a period of three months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) spandey/- U