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Patna High CourtCWJC/9416/2023disposed

Ashok Kumar v. The State Of Bihar

2024-11-28Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9416 of 2023 ====================================================== Ashok Kumar S/o Ramji Prasad, R/o Village- Khedu Bigha, P.O.- Aatt, P.S.- Bain, District- Nalanda ... ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The District Magistrate, Nalanda.

3.

The District Education Officer, Nalanda.

4.

The District Programme Officer (Establishment), Nalanda. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambrish Kumar Jha, Advocate For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and the respondents.

2. Writ petition has been filed for a direction to the respondents to consider the application of the petitioner for appointment on compassionate ground. Fater of the petitioner died in harness on 16.6.2021 while working on the post of a peon in Vidya Bihar +2 High School, Eksara, Nalanda.

3. Respondent no.4 has filed counter affidavit. In paragraph 7 it is stated that vide letter no.978 dated 09-07-2021 the Education Department, Bihar, Patna (Director Secondary Education) has passed an order whereby it is stated that the

Patna High Court CWJC No.9416 of 2023(2) dt.28-11-2024 2/3 application for appointment on compassionate ground shall be considered on the basis of seriatim of date of death of the employee if application was found more than the vacencies. A copy of letter no. 978 dated 09-07-2021 is annexed here with and marked as Annexure-B to this Counter Affidavit. In paragraph 8 thereof it is stated that vide memo no. 888 dated 27-08-2021 the Education Department issued notification regarding the appointment Legal Hairs of the teaching and nonteaching employees who died in harness after 01-07-2006.

Sub clause (V) of Clause-5 of the said notification has categorically stated that the legal hairs of the teaching or non-teaching employee shall be appointed against the post of school Assistant or Peon as per their educational qualification and they will be appointed through the recommendation by the concerned District Education Officer. A true copy of memo no.888 dated 27-08-2021 is annexed here with and marked as Annexure-C to this counter affidavit. In paragraph 9, respondent no.4 has stated that the application of the petitioner is being considered in light of the above said notification and orders. As such, as and when vacancy will be available, the application of the petitioner shall be considered for appointment as per the seriatim.

4. In view of the averments made in the counter

Patna High Court CWJC No.9416 of 2023(2) dt.28-11-2024 3/3 affidavit, no positive order is requierd to be passed at this stage as the case of the petitioner is under consideration depending on the availability of future vacancies in the Department.

5. Writ petition stands disposed of.

(Prabhat Kumar Singh, J) Shashi U