Patna High CourtCWJC/575/2011dismissed

Rani Bharti v. The State Of Bihar And ORS

2016-05-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 575 of 2011 ====================================================== Rani Bharti W/o Late Nand Lal Ram, R/o Digha Ghat, Police Station Digha, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, P.H.E. Department, Government of Bihar, Patna.

2. The Director, P.H.E. Department, Government of Bihar, Patna.

3. The District Magistrate, Patna.

4. The Executive Engineer, P.H.E. Department, Patna West, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : AC to Addl. Advocate General 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

09-05-2016 Heard Sri Pramod Mishra, learned counsel for the petitioner and learned A.C. to Addl. Advocate General - 2. In the present writ petition, the petitioner has made a prayer for directing the respondents to appoint her on compassionate ground. The husband of the petitioner was under work charge establishment and while functioning in the same capacity, he died in the year 2001 itself.

In this case, by way of filing counter affidavit, it has been stated that the husband of the petitioner was appointed under temporary work charge establishment and he died as work charged employee. Subsequently, in the year 2002 itself, a decision was taken to revert all the employees under work charge establishment to the daily-wages employees.

Patna High Court CWJC No.575 of 2011 (5) dt.09-05-2016 2/2 Ofcourse, reply to the counter affidavit has been filed, but fact has not been disputed that the husband of the petitioner was under work charge establishment.

In view of facts and circumstances that husband of the petitioner was not under regular establishment, certainly no direction can be issued to appoint the petitioner on compassionate ground.

I do not find any ground to pass any favourable order. Dismissed.

(Rakesh Kumar, J.) Anay U