Babita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9917 of 2024 ====================================================== Babita Kumari, Daughter of Late Shiv Prasad Sah, Resident of Village and Post-Chewara, Police Station- Chewara, District-Sheikhpura-811304 (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department (GAD), Govt. of Bihar, Patna.

3.

The Principal Secretary, Land and Revenue Department, Govt. of Bihar, Patna.

4.

Colector-Cum-District Magistrate, Sheikhpura District (Bihar), 5.

Sub Divisional Officer, Sheikhpura, Bihar.

6.

Block Development Officer (B.D.O.), Chewara Block, District-Sheikhpura, Bihar.

7.

Circle Officer, Chewara Block, District-Sheikhpura, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Sinha, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner. However, none appears on behalf of the State.

2. The present writ petition has been filed for issuance of a writ of mandamus directing the respondent to consider the case of the petitioner for compassionate appointment.

3. Learned counsel for the petitioner submits that the father of the petitioner died in harness on 25.01.2020 after performing more than 25 years of regular and continuous government service on the post of Peon in the Circle Office, Chewara, Sheikhpura leaving behind his wife, two daughters and a son. The petitioner is the younger unmarried daughter. The

Patna High Court CWJC No.9917 of 2024(2) dt.01-07-2024 2/2 petitioner has filed her application for consideration of his case for a compassionate appointment but a decision has been made by the Government. The petitioner has filed a representation before the District Magistrate, Sheikhpura which is Annexure P/3, but no decision with regard to her compassionate appointment has been taken as yet. Thereafter, the petitioner has filed the present writ petition.

4. In the light of the submissions made by the parties, respondent No.4, namely, the Collector-cum- District Magistrate, Sheikhpura is directed to consider the case of the petitioner Annexure P/3 and if required may accept the additional representation within 30 days from the date of passing of the order and after receiving the additional representation, he /she shall pass a reasoned and speaking order with regard to the claim of the petitioner within 90 days thereafter.

5. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U