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Patna High CourtCWJC/9337/2019disposed

Lusi Devi v. The State Of Bihar

2021-02-23Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9337 of 2019 ====================================================== Lusi Devi, wife of Sri Amit Kumar Mishra, resident of Village- Misrapur, Post- Kumaitha, P.S. Bath, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Water Resource Department, Bihar, Patna.

2.

The Principal Secretary, Water Resource Department, Govt. of Bihar, Patna. 3.

The Chief Engineer, Mechanical, Water Resource Department, Patna. 4.

The District Compassionate Committee through its Chairman, District Magistrate, Muzaffarpur.

5.

The District Magistrate, Muzaffarpur.

6.

The Deputy Collector, Establishment, Muzaffarpur. 7.

The Superintending Engineer, Mechanical, Irrigation Mechanical Circle, Muzaffarpur.

8.

The Executive Engineer, Mechanical, Irrigation Mechanical Division, Muzaffarpur.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s :

Mr.Harish Kumar (GP-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-02-2021 The present writ application has been filed for quashing of the order dated 28.02.2019 passed by the District Compassionate Committee, Muzaffarpur whereby the recommendation of the petitioner for compassionate appointment made by the District Compassionate Committee, Muzaffarpur dated 02.02.2016 has not been considered and the claim of the petitioner for being

Patna High Court CWJC No.9337 of 2019(2) dt.23-02-2021 2/3 appointed on compassionate ground has been rejected on non-est ground.

Learned counsel for the petitioner would submits that petitioner had a degree of Deoghar Vidyapith and on the basis of the aforesaid degree, she has been recommended for compassionate appointment. However, vide order dated 08.04.2016 issued by the General Administration Department, Government of Bihar, the degree of Deoghar Vidyapith was declared to be invalid. However, the petitioner thereafter obtained equivalent degree but after 5 years of death of bread earner and in the backdrop of the aforesaid, the case of the petitioner though recommended within time was not considered for compassionate appointment.

Learned counsel for the petitioner, therefore submits that petitioner may be granted liberty to approach the appropriate authority for consideration of her case in the light of the policy decision contained in Annexure-3 that certificate of Deoghar Vidyapith was

Patna High Court CWJC No.9337 of 2019(2) dt.23-02-2021 3/3 valid up to 08.04.2016.

Accordingly, the writ petition is disposed off with a liberty to the petitioner to approach the appropriate authority for her grievances.

(Anil Kumar Upadhyay, J) Shageer/- U