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Patna High CourtCWJC/7029/2015disposed

Kalyani Prasad Mahto v. The State Of Bihar And ORS

2019-04-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7029 of 2015 ====================================================== Kalyani Prasad Mahto Son of Late Upendra Nath Mahto, Resident of Village - Khirabara, Post Office - Olgara, Police Station - Pindrajore, District - Bokaro Jharkhand.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, General administration Department, Government of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

District Compassionate Appointment Committee Bhagalpur. 5.

The District Magistrate, Bhagalpur.

6.

The Senior Superintendent of Police, Bhagalpur. 7.

The District Account Officer, Bhagalpur.

8.

The Sergeant Major, Police Center, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar For the Respondent/s :

Mr.SC32-R.K.Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-04-2019 Heard counsel for the petitioner and counsel for the respondents.

In view of judgment of Full Bench in the case of Niraj Kumar Mallick vs. State of Bihar reported in 2018(2) PLJR 951, petitioner's counsel submits that petitioner would approach respondent no.4 with an application to satisfy the authority that the petitioner's claim is worth consideration in terms of deceleration contained in para 48 of Full Bench Judgment. Without expressing any opinion on the merit of the

Patna High Court CWJC No.7029 of 2015(2) dt.16-04-2019 2/2 submission advanced by the petitioner's counsel, writ petition is disposed off with liberty, as prayed for. Needless to say that if application is filed, then without having regard to earlier rejection of the petitioner's claim under order dated 19.11.2014, the same shall be considered and disposed off expeditiously and without delay since deceleration of law by the Full Bench in case of Niraj Kumar Mallick (supra) is much subsequent to earlier rejection of the petitioner's claim.

(Madhuresh Prasad, J) s.hassan/- U