Aslam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15456 of 2019 ====================================================== Aslam Ansari Son of Late Abrar Hussain, Resident of Village Asharam Bhaluhi, P.O. Rudrapur Kateya, P.S. Kateya, District Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna.

2.

The Regional Deputy Director of Education, Saran Division, Chapra. 3.

The District Education Officer, Siwan.

4.

The District Programme Officer (Establishment), Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr. Vinay Kumar Mishra, AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 02-02-2026 Heard learned counsel for the parties.

2. From perusal of letter no. 1403 dated 19th June, 2019, contained in Annexure-7 to this writ petition, it appears that the District Programme Officer (Establishment), is said to have passed an order, rejecting the entitlement of the petitioner for appointment on compassionate ground by referring to certain departmental orders but, there is no reference of contents, based on which, the adjudication of the claim of the petitioner is said to have been made.

3. The aforesaid order, being so cryptic, the judicial review of such impugned order cannot be made, as neither the claim of the petitioner finds consideration nor the reference of

Patna High Court CWJC No.15456 of 2019(4) dt.02-02-2026 2/2 departmental order, based on which, the claim is said to have been rejected, is apparent from the order as contained in letter no. 1403 dated 19.06.2019 and, accordingly, this Court finds it appropriate to set aside the same and directs the District Programme Officer (Establishment) to place his case before the District Compassionate Appointment Committee for consideration, if his case falls within the parameter, so fixed under the compassionate scheme, within a period of four weeks from the date of filing of representation by the petitioner, and necessary adjudication be made in accordance with law within a period of three months by the Compassionate Appointment Committee.

4. With the aforesaid observation and direction, the writ petition stands disposed of.

(Ajit Kumar, J) rishi/- U