Patna High CourtCWJC/11554/2017disposed

Rakesh Ranjan 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.11554 of 2017 ====================================================== Rakesh Ranjan, Son of Late Ram Naresh Sharma, Resident of VillageMahangupur, Post- Chiraura, P.S.- Janipur, in the district of Patna at present resident of Phulwarisharif, Police Station- Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

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

2. The District Magistrate-cum-the Chairman, District Compassionate Committee, Patna.

3. The District Programme Officer (Establishment), Patna.

4. The District Education Officer, Patna.

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

For the Petitioner/s : Niveditya Nirvikar, Advocate For the Respondent/s : Mr. Prabhat Ranjan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the instant case is covered by the latest judgment of the Apex Court in the case of Mukesh Kumar vs. State of Bihar and others report in 2017 5 SCC 387.

Learned counsel for the petitioner submits that the petitioner is adversely affected for the lapse of the respondents. In the case of the petitioner death of the bread earner is prior to the cut off date and as such while taking decision the respondent may consider the case of the petitioner accordingly.

Patna High Court CWJC No.11554 of 2017 (2) dt.15-12-2017 2/2 Without expressing any opinion or considering the factual aspect whether the death occurred prior to the cut off date as indicated by the Apex Court in the case of Mukesh (supra), the writ petition is disposed of with direction to the respondents to take final decision in the light of the decision of the Apex Court in the case of Mukesh (supra) within a period of sixty days from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Ravi/- U