Gita Devi v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3249 of 2021 ====================================================== Gita Devi Daughter of - Late Ramchandra Paswan resident of Village - Singhiya Khurd, P.O. and P.S. - Samastipur, District - Samastipur. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Education Department, Bihar, Patna. 3.

The District Magistrate, Samastipur.

4.

The District Education Officer, Samastipur.

5.

The District Programme Officer, (Estab.) Samastipur. 6.

The Head Master, Janta Higher Secondary, Akhtiyarpur Chandrauli, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2025 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Prabhat Ranjan Singh, learned AC to AAG 15 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- (I) For issuance of any appropriate writ or writs, Rule or direction especially in the nature of mandamus, directing the respondents to make appointment to the petitioner either on Class 3rd post or Class 4th post on the basis of compassionate ground as the petitioner is eldest daughter of her late father, who died during the course of his duty posted as peon in Janta Higher Secondary School,

Patna High Court CWJC No.3249 of 2021(3) dt.22-07-2025 2/3 Akhitiyarpur Chandrauli under the District of Samastipur. (ii) For issuance of any appropriate writ or writs rule or direction as this Hon'ble Court may found fit and proper to the facts and the circumstances of the case, as well as for which the petitioner being a lady and sole bread earner is found entitled thereto."

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner's father had died on 04.09.2015 in harness while he was working as Peon in Janta Higher Secondary, Akhtiyarpur Chandrauli, Samastipur. Petitioner being the first child, who had taken birth from the first wife of the deceased employee had applied for compassionate appointment on 23.07.2016 and has also annexed the requisite documents along with Parivarik Sadasyatha Certificate No.56 dated 03.11.2015. The application of the petitioner is pending before the District Compassionate Appointment Committee, which is headed by the District Magistrate. The second wife of the deceased employee has already received entire amount of pensionary dues. The petitioner and her dependent siblings are facing financial constraint in leading their life.

4. Considering the aforesaid information, the District Magistrate, Samastipur must ensure to take a positive decision in accordance with law within a period of four weeks without delay. The petitioner, in case of any delay, may take appropriate action in accordance with law.

Patna High Court CWJC No.3249 of 2021(3) dt.22-07-2025 3/3

5. The writ petition stands disposed of.

(Purnendu Singh, J) Sanjay/- U