Ashwini Kumar v. The High Couert Of Judicature At Patna And ORS

Patna High Court CWJC No.17583 of 2016 (2) dt.19-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17583 of 2016 ====================================================== Ashwini Kumar, Son of Late Raj Kumar Prasad, resident of VillageBudhaul (Bye-Pass), PS & District- Nawada. .... .... Petitioner/s

Versus

1. The High Court of Judicature at Patna through Registrar General, Patna.

2. The State of Bihar, through Law Department, Patna.

3. The District & Sessions Judge, Nawada.

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Adv. For the Respondent-State : Mr. Kaushal Kr.Jha, AAG-8 For Respondent Nos.1 & 3 : Mr. Bindhyachal Singh, Adv. Ms. Smriti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 19-04-2018 Heard the parties.

The father of the petitioner died in harness while posted as a clerk in the district judgeship of Nawada. The death took place on 11.8.2014 and soon thereafter the petitioner applied for compassionate appointment, a copy of which is at Annexure 3 to the writ petition. The grievance of the petitioner is that although the application was filed by the petitioner on 27.10.2014 and a period of almost four years is going to lapse, yet the judgeship has not passed appropriate order thereon.

Having heard learned counsel for the parties and considering the grievance raised, I deem it proper to direct the District and Sessions Judge, Nawada to consider the grievance of the petitioner and dispose of the same in accordance with law preferably within a period of three months from the date of receipt/production of the a copy of this order.

The writ petition is allowed with the direction above. (Jyoti Saran, J) SKPathak/- U