Amit Kumar And Anrs. v. The State Of Bihar And ORS

Patna High Court CWJC No.5472 of 2015 dt.28-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5472 of 2015 ===========================================================

1. Amit Kumar, son of Late Madheshwar Sharma, resident of Village- Ramtari, P.S.- Bihta, District- Patna.

2. Manish Kumar, son of Late Kedar Thakur, resident of Village- Sheogarh, P.S.- Bikram, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education, Bihar, Patna.

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

4. The Regional Deputy Director of Education, Patna Division, Patna.

5. The District Education Officer, Patna.

6. The District Programme Officer (Establishment), Patna.

7. The Block Education Officer, Bihta, Patna.

8. The Block Development Officer, Bihta, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Madhukar Mishra For the Respondent/s : Mr. GP8- MANISH KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-04-2015 Vishwanath Pandey was an exception not a rule. In the peculiarity of the facts and direction of the Hon`ble Apex Court, the State of Bihar has issued a resolution contained in Annexure-7. In view of the same, petitioners cannot seek parity. Their claim has to be decided in accordance with the prevalent rule governing compassionate appointment and the service rules related to them. Writ application is dismissed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U