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Patna High CourtCWJC/6695/2019disposed

Dharmendra Kumar Bharti v. The State Of Bihar

2019-04-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6695 of 2019 ====================================================== Dharmendra Kumar Bharti S/o Ganga Dayal Ram Resident of Bharakhra, Kakariya, Dhansoi, Distt.- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal secretary, Department of Education, Govt. of Bihar 2.

The director Primary Education, Department of Education, Govt. of Bihar 3.

The District Magistrate, Buxar cum the Chairman District Compassionate Appointment Committee 4.

District Education Officer Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 The learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a judgment rendered by the Hon'ble Apex Court dated 03.04.2017 passed in Civil Appeal no. 4776-4777 of 2017 (Mukesh & Another v. State of Bihar and Others), hence similar benefits be granted to the petitioner herein.

Per contra, the learned counsel for the respondents submits that the District Education Officer, Buxar shall consider the case of the petitioner in light of the aforesaid judgment of the Hon'ble Apex Court.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the petitioner to file a

Patna High Court CWJC No.6695 of 2019(2) dt.05-04-2019 2/2 representation before the respondent no. 4 within a period of four weeks from today and the respondent no. 4 shall dispose of the same by a reasoned and speaking order within a period of eight weeks thereafter and in case, the case of the petitioner is found similar to that of the respondents of the aforesaid judgment dated 03.04.2017, similar relief would be granted to the petitioner herein within a period of six weeks therefrom. (Mohit Kumar Shah, J) rinkee/- U