Rajkishore Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11886 of 2018 ====================================================== Rajkishore Thakur, s/o- Late Sukhdeo Thakur, r/o- village- Manaraytol Jogiya, P.S.- Narhan, Block- bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

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

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

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

5. The District Education Officer, Samastipur, District- Samastipur.

6. The District Programme Officer, Establishment (Education), Samastipur, District- Samastipur.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Respondent/s :

Mr. Smt. Shilpa Singh- Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Heard the parties.

Following reliefs have been sought for in paragraph 1(i) and (ii) the present application on behalf of the petitioner: (I) For issuance of a writ in the nature of mandamus or any other appropriate writ/order/direction to the respondents to consider the matter of appointment of petitioner on compassionate ground in view of the direction given by the department of General Administration vide letter No. 6905 dated 17.10.2008 by which it was directed to all the District Magistrate-cum- Chairman, District Compassionate Committee

Patna High Court CWJC No.11886 of 2018(2) dt.19-07-2018 2/2 that the post of Panchayat Teacher/Block Teacher, Nagar Teacher are not the post within the control of the Government and as such making recommendation for compassionate appointment against such post is beyond the jurisdiction. (ii) For that to consider the case of the petitioner in the light of the order dated 03.01.2017 passed in Civil Appeal No. 4776-7444/2017 and analogous cases passed by the Hon'ble Apex Court reported in (2017) 5 SCC 383.

It has been submitted on behalf of the petitioner that the case of the petitioner be disposed of in the light of order dated 07.05.2018 passed in C.W.J.C. No. 8430 of 2018. The respondents are directed to examine the case of the petitioner in the light of the order dated 07.05.2018 passed in C.W.J.C. No. 8430 of 2018 and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U