Patna High CourtCWJC/23857/2012disposed

Purnima Devi v. The State Of Bihar And ORS

2017-09-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23857 of 2012 ====================================================== Purnima Devi W/O Late Rakesh Kumar Srivastava R/O VillageBhojpurwa, Police Station- Majhagarh, District- Gopalganj .... .... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary Human Resources Development Department, Govt. Of Bihar, Patna

3. The Director (Primary Education), Bihar, Patna

4. The District Magistrate-Cum-Chairman District Compassionate Committee, Gopalganj

5. The District Education Officer, Gopalganj .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad, Advocate. For the Respondent/s : Mr. K.K.Jha, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2017 In the present writ application, the petitioner has sought for direction to the respondents to appoint the petitioner on the post of Class-III, Government post on regular scale from the date of his selection on the post of Nagar Shikshak in Nav Srijit Primary School, Mushahar Toli, Bhojpurwa, Gopalganj. The appointment of the petitioner was made on Compassionate ground on the post of Nagar Shikshak. The grievance of the petitioner is that the respondents are not adopting uniform policy in appointing candidates on compassionate ground, by appointing some of them on regular posts of Class-III under the department, whereas some other as a teacher under Panchayat on

Patna High Court CWJC No.23857 of 2012 (2) dt.04-09-2017 2/2 fixed salary. Such act on the part of the respondents is arbitrary and unreasonable.

The counsel for the petitioner has further relied upon the order dated 26.06.2014 passed in C.W.J.C. No. 9988 of 2009 reported in 2015(2) PLJR 176.

The petitioner is directed to file a representation before the Respondent no.3 i.e. the Director, Primary Education, Government of Bihar, Patna within a period of 60 days and the Respondent no.3 shall consider the case of the petitioner and pass a reasoned order, in accordance with law, within a period of five months, from the date of filing of such representation by the petitioner.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Amit/- U