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Patna High CourtCWJC/19768/2015disposed

Pawan Kumar v. The State Of Bihar And ORS

2016-01-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19768 of 2015 =========================================

1. Pawan Kumar, Son of late Jagdish Choudhary, resident of Kurha, Po and P.S.-Sahebpur Kamal, District-Begusarai. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Human Resources Department, District-Patna.

2. The District Magistrate, Begusarai.

3. District Education Officer, Begusarai.

4. Block Education Officer, Sahebpur Kamal, District-Begusarai.

5. District Education Superintendent, Begusarai.

6. Head Master, Prathimik Vidalaya, Durakpur, District-Begusarai. .... .... Respondents ========================================= Appearance :

For the Petitioner : Mr. Manoj Kumar Pandey, Adv. For the State : Mr. Raj Kumar Singh, AC to SC-8 =========================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 05-01-2016 Heard learned counsel, appearing on behalf of the petitioner, and learned counsel representing the respondents-State of Bihar.

2. Admittedly, the father of the petitioner died in harness in the year 2004. The present writ application has been filed 11 years after his death by the petitioner, seeking

Patna High Court CWJC No.19768 of 2015 dt.05-01-2016 2/2 direction to the respondents for his appointment on compassionate ground consequent upon death of his father.

3. No writ, in the nature of writ of Mandamus, can be issued on such belated claim. However, in the facts and circumstances of the case, the Court observes that the District Education Officer, Begusarai (respondent No.3), must take a final decision, within a period of one month from the date of receipt/production of a copy of this judgment, on the petitioner's claim for his appointment on compassionate ground, either this way or that way, keeping in view the stand taken by the petitioner that the District Compassionate Committee has recommended the petitioner's case for such appointment.

4. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J.) Praveen-II/- U