Bhagmani Kuwor v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5758 of 2013 ====================================================== Bhagmani Kuwor W/O Late Sidhnath Sah R/O Village- Koran Dihari, P.S. Sahar, District- Bhojpur (Ara) .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary Department Of Education, Vikash Bhawan, Patna

2. The Director (Admn.) Department Of Education, Vikash Bhawan, Patna

3. The District Officer, Bhojpur At Ara

4. The District Education Officer, Bhojpur At Ara

5. The Block Education Officer, Sahar, Bhojpur (Ara) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Jha : Mr. Surya Kant Mishra : Mr. Sushil Kumar Jha For the Respondent/s : Mr. Kunal Tiwari, A.C. to G.A.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking relief of appointment on compassionate ground.

The husband of the petitioner was a teacher in Middle School, Nawada (East), under the Sahar Block and was holding a permanent substantive post. The husband of the petitioner died on 20.6.2009, thereafter the petitioner filed an application for appointment on compassionate ground on 01.12.2011 in the prescribed format, which was forwarded on 02.12.2012. The same remained pending, which compelled the

Patna High Court CWJC No.5758 of 2013 (8) dt.08-04-2016 2/3 petitioner to lodge her protest to the higher authorities. As has been claimed by the petitioner that the District Education Officer, Bhojpur at Ara, has failed to refer the matter to the District Compassionate Appointment Committee for consideration of her case and he is sitting over the matter. Learned counsel for the petitioner has drawn attention of this Court to letter dated 20.08.2011 of District Education Officer, Bhogpur at Ara. On perusal of the said letter, it appears that he has sought guidelines in what manner the case of the petitioner could be dealt with.

Learned counsel for the petitioner by way of rejoinder has brought a letter dated 25.04.2012, written by the Principal Secretary, General Administration, issued to all the Departmental heads, Commissioners and District Magistrates, explaining that in what manner the application of the candidate for compassionate appointment will be dealt with. In such view of the matter, the District Education Officer, Bhojpur at Ara, would act in terms of the aforesaid letter dated 25.04.2012. For convenience, the petitioner would file a representation before the District Education Officer, Bhojpur at Ara, annexing the copy of this order and the documents which are in her favour. The District Education Officer, Bhojpur at Ara, will

Patna High Court CWJC No.5758 of 2013 (8) dt.08-04-2016 3/3 deiced the case of the petitioner with regard to the appointment on compassionate ground within a period of six months from the date of receipt of such representation.

With the aforesaid observations and directions this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- U