Suman Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24858 of 2013 ======================================================

1. Suman Kumar S/O Late Ramchandra Ray R/O Village- Rampur, P.S.- Muffasil, District- Katihar

2. Nivedita Kumari W/O Late Shyam Surender Poder P.S.- Muffasil, District- Purnea

3. Niraj Kumar Jha S/O Late Ashok Kumar Jha R/O Village + PostMauiari, P.S.- Mahuihari, District- Katihar

4. Niraj Kumar S/O Late Ravindra Nath Singh R/O Village- Hundaily, P.S.- Pranpur, District- Katihar

5. Abhishek Shandilya S/O Late Amrendra Kumar Choudhary R/O At & P.O.- Moresanda, P.S.- Phalka, District- Katihar .... .... Petitioners

Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department, Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The District Magistrate-Cum-Chairman, District Compassionate Appointment Committee, Katihar

5. The District Education Officer, Katihar

6. The District Programme Officer (Esst.), Katihar

7. The Block Development Officer Hassanganj, Katihar

8. The Block Education Officer Hassanganj, Katihar

9. The Block Development Officer Manihari, Katihar

10. The Block Education Officer Manihari, Katihar

11. The Block Development Officer Pranpur, Katihar

12. The Block Education Officer Pranpur, Katihar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh For the Respondent/s : Mr. Gautam Bose ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2017 The petitioners in the present writ application have sought for direction upon the respondents to appoint the petitioners on Class-III posts in the district of Katihar on compassionate ground, pursuant to the examination held by the District Compassionate Committee, Katihar for appointment on Class-III posts as well as the recommendation contained in Memo No. 852 dated 29.10.2009 issued by the Deputy Collector Establishment, Katihar.

Patna High Court CWJC No.24858 of 2013 (4) dt.28-11-2017 2/2 It has further been submitted that the father of petitioner no.1 died in harness on 24.09.2005, husband of the petitioner no.2 died in harness on 04.12.2006, father of petitioner no.3 died in harness on 04.04.2008, father of petitioner no.4 died in harness on 25.06.2008 and the father of petitioner no.5 died in harness on 25.07.2005.

It is submitted on behalf of the petitioners that the case of the petitioners is squarely covered by the order passed by the Hon'ble Apex court in Civil Appeal No.4776-4777/2017 dated 03.04.2017.

The petitioners are directed to file a representation before the respondent no.5, the District Education Officer, Katihar, who shall examine the case of the petitioners and consider the representation of the petitioners in light of the aforesaid judgment of the Hon'ble Supreme Court and if the case of the petitioners is found identical pass a necessary order within a period of three months from the date of filing of such representation.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Amit/- U