Fulwasi Kunwar @ Fulwasi Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17305 of 2017 ====================================================== Fulwasi Kunwar @ Fulwasi Devi Wife of Late Jai Shree Prasad @ Jai Shree Bind resident of Village - Gauwan, P.S. - Sonhan, District - Kaimur. ... ... Petitioner/s

Versus

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

2. The Director Primary Education, Bihar, Patna.

3. The Regional Deputy Director of Education Shahabad, Ara.

4. The District Magistrate Cum Head of the Comapssionate Appointment Committee Kaimur, Bhabua.

5. The District Education Officer, Kaimur, Bhabua.

6. The Programme Officer Establishment Kaimur, Bhabua.

7. The Block Education Officer, Bhabua.

8. The Panchayat Secretary Cum Secretary, Panchayat Primary Teachers Employment Committee Sonhan Block Bhabua, District - Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bharat Lal, Advocate Mr. Rabindra Kumar, Advocate For the Respondent/s :

Mr. J.P.Kishore, AC to SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Counsel for the petitioner submits that the husband of the petitioner died in harness on 9.1.2013 in road accident. Mr. Bharat Lal, appearing on behalf of the petitioner submits that on account of death of the bread winner of the family, the petitioner and her family is facing financial crisis. He submits that the respondents have not considered the case of the petitioner despite the petitioner has approached the authority concerned for compassionate appointment. Referring to para-11

Patna High Court CWJC No.17305 of 2017(2) dt.15-12-2017 2/2 he submits that the petitioner has approached the Panchayat Secretary-cum- Secretary, Panchayat Primary Teachers Employment Committee on 13.1.2016 along with all the relevant documents but the respondents are sitting tight over the matter and as such they have not considered the claim of the petitioner for compassionate appointment.

Considering the hardship of the petitioner, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for compassionate appointment, if the petitioner is eligible for appointment against any post either of Panchayat Shikshak or Class IV or Class III without insisting on passing eligibility test for appointment as Panchayat Teacher as the petitioner is not aspirant for Panchayat Teacher, she is only interested for compassionate appointment.

In view of the above, the respondents are directed to take final decision within a maximum period of three months from the date of receipt/production of a copy of this order for compassionate appointment as indicated hereinabove. (Anil Kumar Upadhyay, J) spandey/- U