Smt. Sarita Bhat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12197 of 2016 =========================================================== Smt. Sarita Bhat Wife of Late Subhash Bhat Resident of Mohalla- Sheikhura , Post Office B.V. College , Police Station- Hawai Adda, district Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Director General of Police, Bihar, Old Secretariat Building , Patna-800 015

2. The Inspector General of Police( Personnel) Bihar Old Secretariat Building , Patna.

3. The Inspector General of Police, Welfare, Bihar, Old Secretariat Building, Patna.

4. The Deputy Inspector General of Police, Central Range, Patna.

5. The District Magistrate-Cum-Chairman District Level Compassionate Appointment Committee, Patna.

6. The Commandant, Bihar Military Police, 1, Gorakha Vahini, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Nath Dubey, Adv. For the Respondent/s : Mr. Anirban Kundu, SC-24 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 29-08-2017 Heard learned counsel for the parties.

The petitioner though was recommended for Class III post but since it got delayed and in the meanwhile the qualification was enhanced from Matric to Intermediate that the respondents chose to appoint her on Class IV post which she willingly joined in the year 2015.

The writ petition was filed for a direction to the respondents to consider her appointment on compassionate ground on Class III post in the light of the recommendation so made in her favour for according to the petitioner, the enhancement of qualification while the

Patna High Court CWJC No.12197 of 2016 dt.29-08-2017 matter was pending, would not prejudice her case. Perhaps the petitioner is right but then she was offered appointment on Class IV post which she has accepted but has not divulged this fact before this Court. There is no statement in the writ petition to inform this Court whether the petitioner protested against her appointment to Class IV post, rather the very factum of appointment on Class IV post has been suppressed by the petitioner. It is only by way of counter affidavit that the respondents have chosen to clarify the position. In view of the conduct so noted of the petitioner, I refuse to exercise my extraordinary jurisdiction to grant indulgence. The writ petition is dismissed.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.09.2017 Transmission Date NA