Nityanand Rakesh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15105 of 2015 ====================================================== Nityanand Rakesh, son of late Chandrika Prasad, Village- Daulatpur, Post Office- Gowaasha, Police Station- Narhat, District- Nawada. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Human Resources Department, Govt. of Bihar, Patna.

3. The District Magistrate cum District Compassionate Committee, Nawada.

4. The District Education Officer, Nawada.

5. The Block Education Officer, Block- Narhat, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Respondent/s :

Mr. Kamal Deo Sharma, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2018 Heard learned counsel for the parties.

Considering the fact that the petitioner has joined the post on compassionate appointment on 12.09.2009 no indulgence can be granted in the present writ petition for his appointment on Class -III post.

However, liberty shall be available to the petitioner to approach the District Programme Officer (Establishment), Nawada for consideration of his case strictly in accordance with the principles laid down by the Apex Court in its judgment in the case of Mukesh & Another vs. State of Bihar & Ors. [(2017) 5 SCC 383].

If a representation along with a copy of this order is filed to that effect before the District Programme Officer

Patna High Court CWJC No.15105 of 2015(2) dt.27-11-2018 2/2 (Establishment), Nawada, he shall consider the case of the petitioner in the light of the judgment in the case of Mukesh & Another (supra) and take a final decision within a maximum period of four months from the date of filing such representation.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./- U