Patna High CourtCWJC/2331/2018disposed

Sneha Kumari v. The State Of Bihar And ORS

2018-04-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2331 of 2018 =========================================================== Sneha Kumari, D/o Late Birendra Kumar, Resident of Village- Mahawar, P.O.+ P.S.- Daud Nagar, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

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

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

5. The Chairman District Compassionate Appointment Committee through its District Magistrate, Aurangabad.

6. The District Education Officer, Aurangabad.

7. The District Programme Officer (Establishment), Aurangabad.

8. The Block Education Officer, Kutumba Prakhand + District- Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Singh, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey -AAG15 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 06-04-2018 Heard learned counsel for the petitioner and respondents. The petitioner has filed the present writ application for a direction to the respondents to consider her case for compassionate appointment. The father of the petitioner died in harness on 03.03.2015. The petitioner has filed application for compassionate appointment on 16.06.2016.

Learned counsel for the petitioner submits that till date the respondents have not decided the claim of the petitioner for compassionate appointment.

Learned counsel for the respondents submits that the

Patna High Court CWJC No.2331 of 2018 dt.06-04-2018 2/2 issue of compassionate appointment on Class-III post or on the post of Panchayat Teacher is no more res integra in view of the judgment of the Apex Court in the case of Mukesh & Ano. Vs. The State of Bihar & Ors., reported in (2017) 5 SCC 383.

In view of the above, the respondents are directed to take final decision on the claim of the petitioner for compassionate appointment in the light of the judgment of the Apex Court in the case of Mukesh & Ano. (supra), if not already decided, within a maximum period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application is disposed of as withdrawn.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.04.2018 Transmission Date N.A.