Jiriya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22842 of 2013 ====================================================== Jiriya Devi, Wife Of Late Sarvan Kumar Resident Of Mohalla Khalashi Mohalla P.S. Buxar Town District Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government Of Bihar, Old Secretariat, Patna 2.

The Regional Development Commissioner-Cum-Chairman Sone Command Regional Development Agency Sone Bh Virchan Patel Path, Patna 3.

The Secretary Sone Command Regional Development Agency Sone Bhawan, Daroga Rai Path Patna 4.

The Chief Engineer, Sone Command Regional Development Agency Sone Bhawan, Daroga Prasad Rai Path Pa 5.

The Superintending Engineer, Sone Command Regional Development Agency, Sone Bhawan, Daroga Rai Path 6.

The District Magistrate Cum-Collector, Patna 7.

The Executive Engineer Sone Command Development Agency, Khagaul, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Ajay Bihari Sinha, GA 8 Mr. Naresh Kikshit, Advocate Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-11-2022 Learned counsel for the petitioner has no objection to the petition being heard by the Division Bench. Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.22842 of 2013(3) dt.29-11-2022 2/3 "I. For issuance of Writ/writs in the nature of Certiorari for setting aside of order dated 13.04.2004 passed by the Regional Development Commissionercum-Chairman Sone Command Area Development Agency in the Memo No. 125 whereby and where under the application filed by the petitioner for Compassionate appointment has been rejected.

II. For issuance of Writ/writs in the nature of mandamus to immediately appoint this petitioner on the basis of compassionate appointment in lieu of her husband who died in harness.

III. For commanding the respondents so as to why they have not appointed this petitioner on the basis of Bihar Government. Kamik and Administrative Reforms Department issued a letter on 18.08.2008 in which it is clearly mentioned that one of the dependent of the deceased employee may be appointed on compassionate ground.

IV. For any other writ/writs order/orders, directions as this Hon'ble Court may deem fit and proper as the fact and circumstances of this case." Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take appropriate remedies as are otherwise available in accordance with law.

Permission granted.

Present petition stands disposed of as withdrawn reserving liberty aforesaid.

Patna High Court CWJC No.22842 of 2013(3) dt.29-11-2022 3/3 Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/Ashwini U