Rina Kumari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10952 of 2018 ====================================================== Dharmawati Devi W/o Late Rampati Ram, R/o Village- Karnpura, P.O.P.S.- Durgawati, District- Kaimuar Bhabhua.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2.

The Director, Primary Education, Govt. of Bihar, Patna. 3.

The Regional Deputy Director of Education, Sahabad, Ara. 4.

The District Magistrate cum Head of the Compassionate Appointment Officer, Kaimur, Bhabhua.

5.

The District Education Officer, Kaimur, Bhabhua. 6.

The Programme Officer, Establishment, Kaimur, Bhabhua. 7.

The Block Education Extension Officer, Durgawati, Kaimur. 8.

The Panchayat Secretary cum Secretary Panchayat Primary Teachers Employment Committee, Durgawati Bl ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Respondent/s :

Mr.Madanjeet Kumar- GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT Date : 05-01-2026 Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.

2. The petitioner has filed the present writ petition for issuance of an appropriate direction in the nature of mandamus to appoint the petitioner on compassionate ground against the death of her husband in harness.

3. Learned counsel for the petitioner submits that she is entitled to appointment on compassionate basis after the death of

Patna High Court CWJC No.10952 of 2018 dt.05-01-2026 2/3 her husband in harness and for that she has already submitted an application vide Annexure-1 to the Block Education Extension Officer, Durgawati, Kaimur. The decision of this application is to be taken by the District Magistrate, but the same has not taken place uptil now. He therefore, submits that an appropriate direction be given to the District Magistrate, Kaimur to take an appropriate decision on the application of compassionate appointment submitted by the petitioner.

4. Learned counsel appearing for the respondent-State does not have any objection, if an appropriate direction is issued to the District Magistrate, Kaimur to take a final decision on the application for compassionate appointment filed by the petitioner vide Annexure-1.

5. Considering the limited nature of prayer made by the petitioner, this writ application is disposed of directing the District Magistrate, Kaimur to take a final decision on the application for compassionate appointment submitted by the petitioner vide Annxure-1 and before passing final order, the petitioner should be given an opportunity of hearing. It is needless to emphasis that final order should be reasoned and speaking order.

6. It is further made clear that in case the petitioner is found entitled to appointment on compassionate basis then the

Patna High Court CWJC No.10952 of 2018 dt.05-01-2026 3/3 same should be done within a period of one month from the date of passing of the final order.

7. The District Magistrate, Kaimur is expected to a final decision in the matter within a period of six weeks from the date of receipt/production of the copy of this order.

8. With the aforesaid observation and direction, the present writ application shall stand disposed of. However, IA if any pending, shall also stand disposed of.

(Alok Kumar Sinha, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2026 Transmission Date