Patna High CourtCWJC/4311/2018disposed

Vishal Kumar v. The State Of Bihar And ORS

2018-03-30Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4311 of 2018 ====================================================== Vishal Kumar Son of Late Chandeshwar Prasad Gupta Resident of Mohalla - Kiran Sadan, Mahabir Nagar, Road No. 2, Housing Colony, P.S. Ara Nawada, District Bhojpur.

... ... Petitioner/s

Versus

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

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

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

4. The District Magistrate, Bhojpur at Ara.

5. The District Education Officer, Bhojpur at Ara.

6. The District Programme Officer, Bhojpur at Ara.

7. The Block Education Extension Officer, Udwantnagar, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Nath Deo For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-03-2018 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner has filed this writ application for a direction to the respondents to consider the case of the petitioner for appointment on compassionate ground.

Learned counsel for the petitioner submits that the father of the petitioner died in harness on 08.12.2012. The petitioner, thereafter, filed an application for consideration of his appointment on compassionate ground on 08.04.2013. The application of the petitioner was recommended by the Headmaster (Principal) of Middle School, Udwantnagar,

Patna High Court CWJC No.4311 of 2018(2) dt.30-03-2018 2/3 Bhojpur and thereafter, the Block Education Officer, Udwantnagar also recommended to the District Programme Officer, Bhojpur on 21.06.2016 for appointment on compassionate ground of the petitioner, but the respondents are sitting tight on the matter. The petitioner has been deprived of consideration his appointment on compassionate ground. The idea behind compassionate appointment is to support the family of the bread earner, who died in harness. The father of the petitioner died in harness on 08.12.2012. Thereafter, the Block Education Officer, Udwantnagar had recommended the case of the petitioner, but due to delay by the respondentDistrict Programme Officer, Bhojpur and other officials in the matter of taking final decision, the case of the petitioner was not considered as a result thereof, the family of the petitioner is facing acute financial hardship. Thus the inaction of the respondents are defeating the very objective of the compassionate appointment.

In the aforesaid, the writ application is disposed of with a direction to the respondent Nos. 4 to 6 to immediately consider the case of the petitioner in the light of the objective of the compassionate appointment and take final decision within a maximum period of 60 days from the date of receipt /

Patna High Court CWJC No.4311 of 2018(2) dt.30-03-2018 3/3 production of copy of this order.

With the aforesaid, the writ application is disposed of. (Anil Kumar Upadhyay, J) ajay gupta/- U