Shamimul Haque Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8327 of 2021 ====================================================== Shamimul Haque Khan Son of Late Nurul Haque Khan, resident of Pandari, P.S. Dhaka, District - East Champaran.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna. 3.

The Director, Integrated Child Development Scheme, Government of Bihar, Patna.

4.

The Zila Padadhikari, East Champaran, At Motihari. 5.

The Zila Programme Padadhikari, East Champaran, at Motihari. 6.

The Child Development Project Officer, Dhaka, East Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Advocate For the Respondent/s :

Mr. M.K. Upadhyay, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 26-04-2022 Heard learned counsel for the parties.

In the instant petition, the petitioner has prayed for following relief:- "For issuance of appropriate writ/ order/ direction commanding the State of Bihar and its authorities to make payment of amount Rs.4,00,000/- (Rs. Four Lacs) only Ex-gratia to the petitioner on account of death of his mother namely Rahmatun Nesha who died on 16.03.2020 during service/ working period as Anganbari Sevika on the strength of Resolution issued by the State of Bihar through the Department of Social

Patna High Court CWJC No.8327 of 2021(4) dt.26-04-2022 2/2 Welfare, Government of Bihar Patna vide Resolution No. 666 (मु) dated 22.08.2015. The aforesaid prayer is not supported by demand before the competent authority, therefore, the concerned authorityrespondent treat the present petition as a representation and take a decision as to whether the petitioner is entitled for compensation/ex-gratia in terms of the policy decision read with the factual aspects or not. Such a decision shall be taken within a period of two months from the date of receipt of this order. The competent authority is hereby directed to communicate the decision to the petitioner within the time limit stipulated supra. With the above observations, the present petition stands disposed of.

(P. B. Bajanthri, J) ( Rajeev Ranjan Prasad, J) SUSHMA2/- U