Amit Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1144 of 2014 IN Civil Writ Jurisdiction Case No. 2638 of 2014 =========================================================== Amit Kumar Mishra S/o Late Bireshwar Dutt Mishra, R/o - Village + P.O.- Matila, P.S.- Koran Sarya, District- Buxar.

.... .... Appellant/s

Versus

1. The State of Bihar through Principal Secretary Education Department, Government of Bihar, Vikas Bhawan, Patna.

2. The Director, Primary Education, Education Department, Government of Bihar, Vikas Bhawan, Patna.

3. The District Magistrate Cum-Chairman District- Compassionate Committee, Buxar.

4. The Regional Deputy Director of Education Patna, Intermediate Council Building Budh Marg Patna.

5. The District - Education Officer, Buxar.

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

For the Appellant/s : Mr. Kritya Nand Jha For the Respondent/s : Mr. Avnish Nandan Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 10-04-2017 Heard learned counsel for the appellant and counsel for the State.

No interference is warranted with the impugned order, dated 28.02.2014 for the reason that compassionate appointment had been made in accordance with the prevalent policy, if not the rule in play and secondly there cannot be compassion within compassion, especially after the appellant had accepted the appointment as a Prakhand Teacher, worked on that post for more

Patna High Court LPA No.1144 of 2014 dt.10-04-2017 2/2 than six and a half years before he decided to move the writ court for altering his status seeking appointment on yet another post. Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 12.04.2017 Transmission Date