Md. Javed Aslam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.559 of 2018 ====================================================== Md. Javed Aslam, Son of Late Md. Aslam Ali, resident of Ward No. 15, Punarwas, Nagar Parishad, P.S. + District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

3. The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4. The Director, Primary Education, Bihar, Patna.

5. The Director, Secondary Education, Bihar, Patna.

6. The Commissioner, Koshi Division, Saharsa.

7. The Regional Deputy Director of Education, Koshi Commissionary, Saharsa.

8. The District Compassionate Appointment Committee, Supaul through its Chairman, namely District Magistrate, Supaul.

9. The Secretary, District Compassionate Appointment Committee, Supaul.

10. The District Education Officer, Supaul.

11. The District Programme Officer (Establishment), Supaul.

12. The Headmaster, Laleshwar Nath High School, Marauna, DistrictSupaul. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Respondent/s : Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and State. The father of the petitioner died in road accident on 01.06.2012. Within statutory time of five years, the petitioner has filed application for consideration of his case for compassionate appointment, but the respondents are sitting tight over the matter and till date the respondents have not taken any decision on the

Patna High Court CWJC No.559 of 2018 (2) dt.05-02-2018 2/2 application of the petitioner.

Without going into the merit of the case, the writ application is disposed of with a direction to respondent no.8 to take final decision on the claim of the petitioner for compassionate appointment within a maximum period of three months from the date of receipt/production of a copy of this order. The respondents are required to examine the case of the petitioner for compassionate appointment in accordance with the policy decision and considering the objective of compassionate appointment to provide financial assistance to the family of the bread earner, who died in harness. The final decision must be taken by the respondents within the time indicated hereinabove. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- U