Patna High CourtCWJC/15259/2015disposed

Smt. Nago Devi v. The State Of Bihar And ORS

2018-11-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15259 of 2015 ====================================================== Smt. Nago Devi, W/o Late Luro Das, R/o Mohalla- Ishwar Nagar, Ishakchak, PS- Ishakchak, Town & District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Finance, Govt. of Bihar, Patna.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Department of Secondary Education, Govt. of Bihar, Patna.

4. The District Education Officer, Bhagalpur.

5. The District Programme Officer (Establishment), Bhagalpur.

6. The Headmaster, D.P.M. High School, Karahariya, Bhagalpur.

7. The Treasury Officer, Bhagalpur.

8. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha For the Respondent/s :

Mr. Rajeev Ranjan, AC to GP 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2018 Heard learned counsel for the parties.

Husband of the petitioner died on 29.04.2014 while discharging the responsibility as Orderly Peon in D P M High School, Karahariya, Bhagalpur. The grievance of the petitioner in the instant case is that the petitioner is entitled to ex gratia payment in the light of Resolution No. 1213 dated 04.09.2015 of the Finance Department, Govt. of Bihar and also for consideration of her case for compassionate appointment. Since there is no decision taken by the respondents and even after filing of the present writ petition on 21.09.2015 no counter affidavit has been filed, the writ petition is disposed

Patna High Court CWJC No.15259 of 2015(2) dt.27-11-2018 2/2 of with a direction to the District Programme Officer (Establishment), Bhagalpur to examine the claim of the petitioner in accordance with their own policy decision as to grant of ex gratia, compassionate appointment and all consequential benefits and take a final decision at the earliest, preferably within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./- U