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Patna High CourtCWJC/5964/2017disposed

Most. Vina Devi v. The State Of Bihar And ORS

2017-12-13Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5964 of 2017 ====================================================== Most. Vina Devi, Wife of Late Basudeo Prasad, resident of VillageHarinagar Kharjamma, P.S. Islampur, District- Nalanda. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Govt. of Bihar.

2. The Principal Secretary, Secondary Education Govt. of Bihar.

3. The Director, Secondary Education, Govt. of Bihar, New Secretariat Patna.

4. The Regional Director, Secondary Education, Govt. of Bihar, New Secretariat, Patna.

5. The District Superintendent of Education, Nalanda at Bihar Sharif.

6. The District Education Officer, Nalanda at Bihar Sharif.

7. The District Programme Officer (Establishment), Nalanda at Bihar Sharif.

8. The Principal/In-charge Principal, Shree Gandhi + 2 High School Shilaw, Nalanda, P.S.- Nalanda, District- Nalanda.

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

For the Petitioner/s :

Mr. Kamlesh Kumar, Advocate Mr. Kahkashan Alam, Advocate For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Counsel for the petitioner submits that the respondents have erroneously superannuated the husband of the petitioner although he was entitled to continue up to 2019 and in the meanwhile the husband of the petitioner died. Counsel for the petitioner submits that in fact, the husband

Patna High Court CWJC No.5964 of 2017(2) dt.13-12-2017 2/3 of the petitioner was entitled to continue upto 31.1.2019 and as such on the date of death he was supposed to be in service and as such the dependent of the deceased is entitled to be considered for compassionate appointment treating the husband of the petitioner died in harness.

Without entering into the controversy whether the husband of the petitioner was entitled to continue upto 31.1.2019 or his retirement by the respondent on 29.2.2016, the writ petition is disposed of with a direction to the petitioner to file representation before the Director, Secondary Education, Bihar Patna within a period of one month from today along with a copy of this order. The Director, respondent No. 3 shall examine the claim of the petitioner and if it is found that the husband of the petitioner was entitled to continue upto 31st of January, 2019 then in that situation, the respondent Director will consider the case of the deponent of the bread winner in the light of the policy decision of the State Government for consideration and grant of compassionate appointment of the deponent of the employee died in harness.

It is made clear that this Court has not expressed any opinion on the merit of the case. The Director, Secondary Education will examine the claim of the petitioner in accordance

Patna High Court CWJC No.5964 of 2017(2) dt.13-12-2017 3/3 with law after perusal of the relevant record within three months from the date of filing of the representation along with a copy of this order.

(Anil Kumar Upadhyay, J) spandey/- U