Dilip Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10309 of 2020 ====================================================== Dilip Kumar Jha S/o Late Chandra Kishor Jha R/o Village- Karanpur, PostKarnpur, P.S.- Supaul, Dist.- Supaul, Pin-852131 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department Human Resource Development, Government of Bihar, Patna 2.

The Secretary, Department of Personnel and Administrative Reform, Govt. of Bihar, Patna 3.

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

The District Magistrate, Supaul-cum-Chairman, District Compassionate Committee, Supaul 5.

The District Education Officer, Supaul 6.

The District Programmed Officer (Establishment) Supaul 7.

The Block Education Officer, Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Jha, Advocate For the Respondent/s :

Mr.Lalit Kishore, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 27-04-2022 Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner has sought for the following reliefs in the present writ application:- (i) For that the father of the petitioner Late Chandra Kishor Jha, died in harness on 06.02.2008, when the father of petitioner was posted in Middle School Karnpur, Supaul on

Patna High Court CWJC No.10309 of 2020(3) dt.27-04-2022 2/3 the post of regular teacher.

(ii) For that the claim of petitioner's writ is fully covered with the judgment dated 03.04.2017 of Civil Appeal No.4776-4777 of 2017 of Apex Court, reported in (2017)5 SCC383 (Annexure-8) and order dated 02.07.2013 of Civil Appeal No.5090 of 2013 (Annexure

10) along with order dated 11.08.2018 of C.W.J.C. No.8942 of 2018 (Annexure 7), order dated 01.12.2017 of C.W.J.C. No.1421 of 2017 (Annexure 9), order dated 11.01.2010 of C.W.J.C. No.13399 of 2009 and analogous cases (Annexure 11) and order dated 30.04.2009 of C.W.J.C. No.10795 of 2006 (Annexure 12).

Considering the reliefs sought for on behalf of the petitioner in the present writ application, the petitioner is directed to file an appeal before the District Appellate Authority, Supaul within a period of thirty days from the date of this order. In case any such appeal is filed by the petitioner, the District Appellate Authority, Supaul shall consider the same and dispose of the appeal in accordance with law at the earliest preferably within a period of ninety days from the date of filing of such appeal.

In case, the District Appellate Authority is not

Patna High Court CWJC No.10309 of 2020(3) dt.27-04-2022 3/3 functioning, the petitioner will be at liberty to prefer an appeal before the State Appellate Authority.

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

(Sudhir Singh, J) ( Sanjeev Prakash Sharma, J) Narendra/- U