Binod Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22751 of 2018 ====================================================== Binod Kumar Jha S/o Late Jainaraun Jha R/o Govindpur, P.O. Lahriasarai, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

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

3. The Director, Primary Education,Government of Bihar, Patna

4. The District Magistrate-cum- Chairman, District Compassionate Appointment Committee, Samastipur Dis

5. The District Education officer Samastipur District- Samstipur

6. The District Programme Officer, Establishment, Samastipur DistrictSamastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Mr.Subash Chandra Mishra -Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 15-01-2019 1.

The learned counsel for the parties are in agreement that the present case is squarely covered by a judgment dated 18.04.2018 passed by the learned Division Bench in L.P.A. no. 1472 of 2015 (The State of Bihar and others v. Rhituraj Saurabh and Another), however the case of the petitioner has to be examined on merits by the respondent no. 6 in order to ascertain as to whether the present case is covered by the aforesaid judgment dated 18.04.2018 or not. 2.

Having regard to the facts and circumstances of the case, the present writ petition is disposed of with a direction to the respondent no. 6 to ascertain as to whether the case of the

Patna High Court CWJC No.22751 of 2018 dt.15-01-2019 2/2 petitioner is covered by the aforesaid judgment passed in the case of The State of Bihar and others v. Rhituraj Saurabh and Another (supra) and in case the same is covered, then the similar relief should be granted to the petitioner herein. It is needless to state that the entire exercise shall be completed within a period of twelve weeks from today. It is further directed that the petitioner shall produce the certified copy of the present order before the authorities within a period of two weeks from today in order to facilitate quick disposal of the case of the petitioner.

3.

The present writ petition shall stand disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.01.2019 Transmission Date NA