Patna High CourtL.P.A/961/2013disposed

Kumari Purnima v. The State Of Bihar And ORS

2017-10-03The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.961 of 2013 In Civil Writ Jurisdiction Case No. 12040 of 2013 ====================================================== Kumari Purnima Wife Of Late Pawan Kumar Singh Resident Of VillageNew Sipahi Tola, P.S.- K.Hat, Distt.- Purnia At Present Working As Nagar Teacher, Jagannath Adarsh Middle School, Kishanganj, Block And DistrictKishanganj .... .... Appellant/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Personnel And Administrative Reforms, Govt. Of Bihar, Patna

3. The Deputy Secretary, Department Of Personnel And Administrative Reforms, Govt. Of Bihar, Patna

4. The Principal Secretary, Deptt. Of Education, Govt. Of Bihar, Patna

5. The District Magistrate-Cum-Chairman Of District Compassionate Appointment Committee, Kishanganj

6. The District Education Officer, Kishanganj

7. The District Programme Officer, Formerly District Superintendent Of Education- Cum-Sub Divisional Education Officer, Kishanganj .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shanti Pratap, Advocate Mr. Arvind Kumar Varma, Advocate For the Respondent/s : Mr. Kaushal Kumar Jha ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-10-2017 The question involved in this appeal has been decided by the Hon'ble Supreme Court in the case of Mukesh and another Vs. the State of Bihar and Others, 2017 (2) PLJR 263 SC, and now the State Government is required to consider the case of the appellant in the light of the directions issued by the Hon'ble Supreme Court in case of Mukesh (Supra) and grant benefit as

Patna High Court LPA No.961 of 2013 (6) dt.03-10-2017 2/2 may be permissible in view of the law as laid down by Hon'ble Supreme Court in the aforesaid case.

Accordingly, we dispose of this appeal with a direction to the State Government to consider the case of the appellant with regard to grant of pay scale in the light of the order passed by the Hon'ble Supreme Court in case of Mukesh (Supra) and take a decision within a period of two months and communicate it to the appellant. Needless to emphasize that, if aggrieved, the appellant shall be at liberty to take recourse in accordance with law.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U