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Patna High CourtCWJC/6487/2019disposed

Bindhyachal Prasad v. The State Of Bihar

2019-04-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6487 of 2019 ====================================================== Bindhyachal Prasad Son of Kashi Nath Kumhar R/o Gopinathpur, Anwans, District-Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar 2.

The Director Primary Education, Department of Education, Government of Bihar 3.

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

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

For the Petitioner/s :

Mayuri : Mr. Ajay Kumar Ojha : Mr. Ravi Kr. Singh For the Respondent/s :

Mr.Umesh Narayan Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2019 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) as also by a notification of the Education Department, Government of Bihar dated 12.01.2018, annexed as Annexure-7 to the present writ petition, 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

Patna High Court CWJC No.6487 of 2019(2) dt.03-04-2019 2/2 the case of the petitioner in light of the aforesaid judgment of the Hon'ble Apex Court and the notification of the Education Department, Government of Bihar.

3.

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. 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