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Patna High CourtCWJC/5572/2014disposed

Sunayana Devi And ANR v. The State Of Bihar And ORS

2016-06-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5572 of 2014 ======================================================

1. Sunayana Devi Wife Of Late Nandlal Giri

2. Kedar Nath Giri Son Of Late Nandlal Giri Both Residents Of Village - Bada Koirauli, P.O. And P.S. Hathwa, District - Gopalganj (Bihar) .... .... Petitioner/s

Versus

1. The State Of Bihar through The Principal Secretary, Department Of Health, Government Of Bihar, Patna

2. The District Magistrate-Cum-Election Officer, Gopalganj

3. The Civil Surgeon, Gopalganj

4. The Statistical Officer, Gopalganj, District -Gopalganj, Bihar

5. The Sub-Divisional Officer, Gopalganj, District - Gopalganj, Bihar

6. Block Development Officer, Hathua Block, District - Gopalganj

7. The Municipal Council of Gopalganj through Its Executive Officer, Gopalganj

8. The Mukhiya, Gram Panchayat Raj Machagar Jagdish, Hathua Block, District - Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gyan Prakash, Advocate, & Mr. Vikas Ratan Bharti For the Respondent/s : AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-06-2016 Heard the counsel for the petitioners and the State. Indisputably, the retiral benefits payable to the deceased employee (husband and father respectively of the petitioners ) have been paid. The other grievances relates to compassionate appointment of any of them as the deceased employee died in harness.

Counter affidavits on behalf of the respondents have been filed. In supplementary counter affidavit of respondent no.3, it is stated that steps have been taken to consider and grant compassionate appointment to one of the dependants of the

Patna High Court CWJC No.5572 of 2014 (8) dt.20-06-2016 2/2 deceased employee. Similar stand has been taken in the further supplementary counter affidavit filed on behalf of the respondent no.3 in paragraph no. 7 wherefrom, it appears, matter relating to compassionate appointment has been directed to be placed before the District Compassionate Appointment Committee for consideration.

Seen thus, it appears the respondents have taken steps for consideration of the claim of the petitioners. The ends of justice shall be sub served if the writ petition is disposed of by directing the respondents, particularly, the District Magistratecum Election Officer, Gopalganj ( respondent no.2) and the Civil Surgeon-cum-Chief Medical Officer, Gopalganj (respondent no.3) to get the case of the petitioners placed before and considered by the District Compassionate Committee, if not already considered, as quickly as possible preferably within 06 weeks from the date of receipt/ production of a copy of this order. Let it be recorded that the petitioners have sought permission of the Court to approach the respondents with respect to the payment of compensation in the light of the Circular of the Government which is granted.

(Kishore Kumar Mandal, J) Shyam/- U