Ranju Ragani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7890 of 2022 ====================================================== Ranju Ragani Wife of Late Manoj Kumar Resident of Village- East Panchshil Nagar, Gandhi Lane, Road No.2, P.O.- Digha, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

Principal Secretary, Appointment and Personnel, Govt. of Bihar, Patna. 3.

Director, Primary Education, Govt. of Bihar, Patna. 4.

District Education Officer, Patna.

5.

District Magistrate, Patna.

6.

Principal, Govt. Primary School, Naya Rampur Janjeera, Sherpur, At and P.S. Maner, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad, Advocate For the Respondent/s :

Smt. Shilpa Singh (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 07-05-2025 Heard learned counsel for the parties.

2. The petitioner is the wife of Late Manoj Kumar, who died in harness on 09.05.2021 while working as Panchayat Teacher at Primary School, Janjeera, Sherpur, Maner, Patna. The petitioner along with two minor children being dependent of Late Manoj Kumar has filed this writ petition seeking appointment on compassionate ground.

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3. Mr. Arun Kumar Mishra, District Programme Officer (Establishment), Patna, has filed a counter affidavit dated 05.07.2023. The counter affidavit is stated to have been filed on behalf of respondent No. 5. The respondent No. 5 in the writ petition, however, is the District Magistrate, Patna.

4. Be that as it may. Since, the counter affidavit has been filed by an Officer of the State Authorities disclosing the stand of the Government, the same has been perused by this court for adjudication of the present writ petition.

5. In paragraph No. 9 of the counter affidavit, it has been stated that after the application of the petitioner for compassionate appointment was received, the Circle Officer, Danapur was requested to verify her family tree and intimate the same. In paragraph No. 10 it has been further stated that on scrutiny of the application and document attached by the petitioner, it has been found that the same is not in proper order and most of the column in the application has been left blank. Finally, in paragraph No. 11 of the counter affidavit, it has been stated that as soon as the required papers are received in the Office of the answering deponent, the same will be considered in accordance with law.

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6. On consideration of the counter affidavit, filed by one Mr. Arun Kumar Mishra, District Programme Officer (Establishment), Patna on behalf of respondent No. 5 / District Magistrate, Patna, I find that the respondents have not disputed the entitlement of the petitioner for appointment on compassionate ground for her husband having died in harness on 09.05.2021, while working as Panchayat Teacher at Primary School, Janjeera, Sherpur, Maner, Patna. The only ground taken by the respondent authorities for not appointing the petitioner on compassionate ground in the counter affidavit is the lack of adequate documents submitted by the petitioner.

7. Since, the respondents have not disputed the entitlement of the petitioner for appointment on compassionate ground and the only reason indicated for not having appointed the petitioner on compassionate ground on account of death of her husband in-harness being the non-submission of adequate required documents by the petitioner, this writ petition is hereby disposed of, with a direction to the respondents, more particularly, the respondent No. 4 / District Education Officer, Patna to appoint the petitioner on compassionate ground on account of death of her husband in-harness as Panchayat Teacher at Primary School, Janjeera, Sherpur, Maner, Patna.

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8. The writ petition is disposed of with above directions.

(Nani Tagia, J) Siddharth Sagar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.05.2025 Transmission Date NA