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Patna High CourtCWJC/8931/2014dismissed

Sarbila Devi v. The State Of Bihar And ORS

2016-09-27Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8931 of 2014 ====================================================== Sarbila Devi wife of Late Mohan Prasad resident of village - Noiyawan, P.S. Asthawan, Distt. - Nalanda .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary - Cum - Commissioner, Nalkoop Pravage ( Department ) Monor Water Resources Department Bihar Patna

3. The Under Secretary Minor Water resources Department Bihar, Patna

4. The Chief Engineer, Nalkoop Pravage ( Deptt ) Minor Water Resources Department Bihar, Patna

5. THe Executive Engineer, Nalkoop Division Munger

6. The District Magistrate - Cum - Chairman, District - Compassionate Appointment Committee Munger Distt. - Munger

7. The Deputy Collector ( Establishment ), Munger, Distt. - Munger .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Respondent/s : Mr. Gp15- Sharat Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 27-09-2016 Heard counsel for the petitioner and the counsel for the State.

No mandamus can be issued in favour of the petitioner at this juncture keeping in view that obviously several effort has been made by the petitioner to procure all kind of certificates with regard to educational qualification and the date of birth, which would be evident from paragraph 7 of the counter affidavit. In addition to that, the fact is that there is no clarity whether the husband of the petitioner was a permanent employee under the respondent State or not? Besides death happened in the year 2006,

Patna High Court CWJC No.8931 of 2014 (2) dt.27-09-2016 ten years have elapsed since then. The real object for appointment on compassionate ground has been lost.

Writ is dismissed.

(Ajay Kumar Tripathi, J) Surendra/- U