Satish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14304 of 2017 ====================================================== Satish Kumar Son of Dasrath Pandit, Husband of Late Ranju Kumari Resident of Village - Dariyapur, Post - Hatidah, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Primary Education, Education Department of Bihar, Patna.

2. The Secretary, Primary Education, Government of Bihar, Department of Education, Bihar, Patna.

3. The Director, Primary Education, Government of Education, Department of Education, Bihar, Patna.

4. The District Magistrate, Patna (Bihar).

5. The District Education Officer, Patna (Bihar).

6. The Programme Officer (Establishment), Department of Education, Patna, District - Patna.

7. The Mukhiya, Gram Panchayat Raj, Dariyapur, Mokama (Patna).

8. The Panchayat Secretary.

9. The Regional Director, Eastern Regional Committee (ACTE), 15, Neelkanth Nagar, Nayapalli, Bhubneshwar, Odissa. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar For the Respondent/s : Neetu Jha, A.C. to G.A.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-12-2017 Heard Mr. Lalan Kumar appearing on behalf of the petitioner and the counsel for the State.

Mr. Lalan Kumar appearing on behalf of the petitioner submits that the wife of the petitioner died in harness. After the death of the bread earner in the family, the petitioner has filed the instant writ application for consideration of his case for compassionate appointment.

The respondents are now raising the issue of lack of

Patna High Court CWJC No.14304 of 2017 (2) dt.15-12-2017 2/2 eligibility for appointment as Panchayat Shikshak on account of non-passing of TET.

Mr. Lalan Kumar counsel appearing on behalf of the petitioner submits that he has no fascination for the post of Panchayat Shikshak, he only claims compassionate appointment, as such the respondent are required to consider the case of the petitioner in accordance with law against the available post of class-III and IV considering the availability of vacancy and qualification of the petitioner.

In view of the aforesaid, the writ petition is disposed of with a direction to the respondent no.5, the District Education Officer, Patna who shall look into the grievance of the petitioner and place the case of the petitioner before District Compassionate Committee, in case, the respondents have not taken any final decision, they are required to take decision on the claim of the petitioner for grant of compassionate appointment against class-III and IV post within a maximum period of three months from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Ravi/- U