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Patna High CourtCWJC/6644/2017disposed

Most. Phulmati Devi v. The State Of Bihar And ORS

2018-02-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6644 of 2017 ====================================================== Most. Phulmati Devi, W/o Late Mohit Prasad, R/o Village- Jamasra, P.O.- Taraya Lachchhiram, P.s.- Taraya Sujan, District- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The District Magistrate, Gopalganj.

4. The District Superintendent of Education, Gopalganj.

5. The Block Education Officer, Kuchaikot, District- Gopalganj.

6. The Head Master, Primary School, Barwa Barit, Block- Kuchaikot, DistrictGopalganj.

7. Vikrama Prasad, S/o Late Mohit Prasad, Head Master, Primary School Barit, Block- Kuchaikot, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey For the Respondent/s :

Mr. Prabhat Ranjan Singh-AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondent.

In view of the grievance raised by the petitioner in the present writ petition, it would be appropriate for the petitioner to first approach the employer who is required to see that the respondent no.7 takes care of the family members of the deceased employee who died in harness and on account of death of the bread earner the respondent no.7 was offered compassionate appointment to tide over the financial crises of the family. If the respondent no.7 is not discharging his obligation towards maintaining the family, the employer is

Patna High Court CWJC No.6644 of 2017(2) dt.15-02-2018 2/2 required to take appropriate action to ensure that the family of the deceased is maintaining properly and for doing so he is required to take even coercive action against respondent no.7 after hearing respondent no.7 and the petitioner at the earliest preferably within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U