Binoda Kuwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7764 of 2014 ====================================================== Binoda Kuwar, W/o Late Suryabansh Paswan ( Chowkidar Bit - 3 Thana - Nokha, District - Rohtas ), resident of Village - Raghunathpur, P.S. Nokha, District - Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar, through Collector, Rohtas at Sasaram

2. The Chairman, District Compassionate Appointment Committee headed by the Collector, Rohtas at Sasaram

3. The Additional Collector, General Section Collectorate, Rohtas at Sasaram

4. The Circle Officer, Nokha, District - Rohtas at Sasaram

5. The Superintendent of Police, Rohtas at Dihri - on - Sone

6. The Officer Incharge Nokha, P.S. District - Rohtas .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Respondent/s : Mr. Avinish Nandan Sinha, GP-XI ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-01-2015 Heard the parties.

The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking a direction to the respondents for appointment on compassionate ground on account of death of her husband in harness on 08.12.2011. Learned counsel appearing on behalf of the petitioner submits that though the petitioner has applied for compassionate appointment well within the time, but a final decision is not being taken by the competent authority for redressal of her valid grievances.

In view of the nature of grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that interest of justice shall be sub-served, if the petitioner is granted liberty to file a comprehensive representation

Patna High Court CWJC No.7764 of 2014 (2) dt.29-01-2015 before the respondent District Magistrate, Rohtas at Sasaram with all supporting documents, raising all the points, which have been raised in the present writ petition. It is ordered accordingly. If such a comprehensive representation is filed on behalf of the petitioner within a period of four weeks from today with a certified copy of the present order, then the respondent District Magistrate, Rohtas at Sasaram either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order at an early date preferably within a period of four months from the date of filing of such comprehensive representation by the petitioner.

If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner are admissible to her, then the consequential orders shall also be issued without any unnecessary further delay. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and the same is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U