Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6318 of 2019 ====================================================== Shobha Devi, Wife of Late Prem Nath Ram Resident of Mohalla- Baijnath (Karshilli), P.O.- Chandchaura, P.S.- Vishnupad, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Secretary, Revenue and Land Reforms Department-cum- Chief Executive Officer Bihar State Mela Pradhikar, Gaya. 3.

The Lodging House Committee, Gaya through its Chairman, the District Magistrate, Gaya.

4.

The Commissioner, Magadh Division, Gaya cum Convener, Lodging House Committee, Gaya.

5.

The District Compassionate Committee Gaya through its Chairman, The D.M. Gaya.

6.

The D.M. Gaya District Gaya.

7.

The Secretary, Lodging House Committee Gaya, District- Gaya. 8.

The Deputy Collector cum Administrator Lodging House Committee, Gaya, District Gaya.

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

For the Petitioner/s :

Mr. Raghwendra Sharan Pandey For the Respondent/s :

Mr. Rishi Raj Sinha (SC-19) Mr. Akhilesh Kumar Sinha, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-04-2019

1. Heard the learned counsel for the petitioner and the State.

2. The request of the petitioner for being appointed on compassionate ground on account of death of her husband as an employee of the Lodging House Committee, Gaya, has not yet been acted upon.

Patna High Court CWJC No.6318 of 2019(2) dt.22-04-2019 2/3

3. Learned counsel for the petitioner has pointed out that Lodging House Committee has been constituted under the Bihar and Orissa Places of Pilgrimage Act, 1920 and, therefore, is a "State" within the meaning of Article 12 of the Constitution of India.

4. He has also drawn the attention of this Court to an order passed in C.W.J.C. No. 8620 of 2004 in which it has been held that Lodging House Committee would be deemed to be a "State" within the meaning of Article 12 of the Constitution of India.

5. Since the representation of the petitioner for being considered for appointment on compassionate ground has not been adverted to, this Court deems it appropriate to direct the petitioner to make a fresh representation before the District Magistrate, Gaya, who is the President of the Lodging House Committee, Gaya, within a period of four weeks, who, on receipt of such representation, shall pass a reasoned order in accordance with law within a further period of eight weeks.

6. While saying so, this Court has taken note of

Patna High Court CWJC No.6318 of 2019(2) dt.22-04-2019 3/3 the fact that some other persons have been appointed on Class-IV post in the aforesaid Lodging House Committee on compassionate ground.

7. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U