Kamal Kishore v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.824 of 2017 ====================================================== Kamal Kishore, Son of Late Dwarika Prasad, Resident of Station Road, Surya Mil, Fatuha, P.S. Fatuha, District - Patna ... ... Petitioner/s

Versus

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

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

3. The Principal Secretary, General Administration Department, Government of Bihar, Patna

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

5. The District Education Officer, Patna

6. The District Programme officer ( Establishment ), Patna

7. The District Magistrate, Patna

8. The Block Development officer, Fatuha, District - Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra Jha-3, Advocate For the Respondent/s :

Mr. Umesh Narayan Dubey, AC to GP27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

Mr. Satish Chandra Jha, learned counsel appearing on behalf of the petitioner has raised many issues including the issue of discrimination adopted by the respondents in the matter of grant of compassionate appointment to the dependents of the employees died in harness. However, he submits that in view of the judgment of the Apex Court in the case of Mukesh Kumar Vs. State of Bihar & Ors: (2017) 6 SCC 187, the writ petition may be disposed of and the larger issue raised in the writ petition may be kept alive to be examined and adjudicated in

Patna High Court CWJC No.824 of 2017(2) dt.01-12-2017 2/2 appropriate case.

Considering the aforesaid submission, the present writ petition is disposed of with the direction to the respondents to strictly act in accordance with the principles and guidelines laid down by the Supreme Court in the case of Mukesh Kumar (supra). The other issues with regard to discrimination qua the employees of the Education Department in the Muffassil and the teaching and non-teaching employees in the schools is left open to be examined in appropriate case.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U