Vipul Bhargav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13525 of 2014 ====================================================== Vipul Bhargav, Son of Dindayal Choubey, resident of Mohalla - Sheoganj, Ward No.8, Police Station - Sikarpur, District - West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Education, Bihar, Patna.

3. The Director, Primary Education, Govt. of Bihar, Patna.

4. The District Magistrate, West Champaran (Bettiah).

5. The District Education Officer, West Champaran (Bettiah).

6. The District Programme Officer (Establishment), West Champaran (Bettiah).

7. The Deputy Collector (Establishment), West Champaran (Bettiah).

8. The Sub Divisional officer, Narkatiyaganj, West Champaran (Bettiah).

9. The Block Development Officer, Narkatiyaganj, West Champaran (Bettiah ).

10. The Block Education officer, Narkatiyaganj, West Champaran (Bettiah).

11. The Executive officer, Nagar Parishad, Narkatiyaganj, West Champaran (Bettiah).

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Satya Prakash, Advocate. For the Respondents : Mr. Dr. Anshuman, S.C. 14. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for by the petitioner in the present writ application.

"1(i) For issuance of a writ in the nature of mandamus or any other appropriate writ, for commanding the respondents to appoint the petitioner on compassionate ground as his mother namely, Late Pushpa Devi, died in harness on 30.07.2011 who was posted as Assistant

Patna High Court CWJC No.13525 of 2014 (2) dt.13-11-2017 2/3 Teacher in Rajkiya Kanya Madhya Vidyalaya, Narkatiyaganj, and was bread winner of his family in as much as the petitioner has got no source of his livelihood after her death.

(ii) For issuance of a writ in the nature of mandamus or any other appropriate writ, for directing the respondent authority to appoint the petitioner on suitable post as the State Government has framed rule for compassionate appointment for teachers in as much as the District Programme Officer (Establishment), West Champaran (Bettiah) has recommended the name of petitioner for appointment on the post of teacher.

(iii) For holding that the petitioner is entitled to be appointed on compassionate ground as he has moved an application for employment before the respondent authority after the death of his mother in harness and he has no source of income for his livelihood as his mother died leaving behind her husband, son (the petitioner) and three unmarried daughters."

It has further been submitted by learned counsel for the petitioner that the petitioner had filed a representation vide Annexure-7 to the writ application before the respondent no. 11, The Executive Officer, Nagar Parishad, Narkatiyaganj, West Champaran (Bettiah). The said representation is still pending before the respondent no. 11.

Patna High Court CWJC No.13525 of 2014 (2) dt.13-11-2017 3/3 Considering the submissions made on behalf of the petitioner, the respondent no. 11, The Executive Officer, Nagar Parishad, Narkatiaganj, West Champaran (Bettiah), is directed to take all necessary steps to the representation of the petitioner and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of copy of this order.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U