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Patna High CourtCWJC/7733/2019disposed

Bijay Kumar Bharti v. The State Of Bihar

2019-04-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7733 of 2019 ====================================================== Bijay Kumar Bharti son of Late Baldeo Ram resident of Village-Kharail Punarwas, Ward No. 16. P.O. -P.S. - Supaul, District - Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the principal Secretary, Department of Human Resource Development, Government of Bihar,Patna. 2.

The Director, Department of Primary Education, Government of Bihar, Patna.

3.

The Regional Deputy Director of Education, Koshi Division, Saharsa. 4.

The District Magistrate- Supaul-cum-Chairman, District - Compassionate Committee, Supaul.

5.

The District Education Officer, Supaul.

6.

The District Programme Officer Establishment, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Respondent/s :

Mr.Subash Chndra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2019 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 Programme Officer (Establishment), Supaul shall consider the case of the petitioner in light of the aforesaid judgment of the Hon'ble Apex Court.

Patna High Court CWJC No.7733 of 2019(2) dt.18-04-2019 2/2 Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the petitioner to file a representation before the respondent no. 6 within a period of four weeks from today and the respondent no. 6 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 Appellants 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