Patna High CourtCWJC/8145/2017disposed

Rajendra Prasad Sharma v. The State Of Bihar And ORS

2018-01-31Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8145 of 2017 ====================================================== Rajendra Prasad Sharma, Son of Late Mahesh Nandan Sharma, Resident of Village- Augan, P.O.- Dahia, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna.

2. The Secretary Department of Personnel and Administrative Reforms, Government of Bihar, Patna.

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

4. The Regional Deputy Director of Education, Munger.

5. The District Magistrate, Begusarai.

6. The District Education Officer, Begusarai.

7. The District Programme Office (Establishment) Begusarai.

8. The Block Education Officer, Begusarai.

9. The Block Development Officer, Begusarai.

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar For the Respondent/s :

Mr. Amit Bhushan, AC to G.P.-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

From the pleading, it appears that way back on 01.09.2008 the Compassionate Appointment Committee has recommended for appointment on the post of Class-III but petitioner was not given compassionate appointment.

The controversy with regard to compassionate appointment was finally decided by the Apex Court in the judgment reported in (2017) 5 SCC 387 in the case of Mukesh Kumar Vs. State of Bihar & Ors. and in view of the judgment of the Apex Court, the

Patna High Court CWJC No.8145 of 2017(3) dt.31-01-2018 2/2 writ petition is disposed of with direction to the respondent no.7 to place the case of the petitioner before the competent authority within a period of sixty days from the date of receipt/production of a copy of this order and the respondent authorities are required to take final decision in view of the latest judgment of Apex Court in the case of Mukesh(Supra).

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