Mostt. Tara Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7243 of 2013 ======================================================

1. Mostt. Tara Devi Wife Of Late Krishna Ram Resident Of MohallaHazipur North, Ward No. 13, P.O. + P.S. + District- Khagaria .... .... Petitioner/s

Versus

1. The State Of Bihar, through The Principal Secretary, Health Services Govt. Of Bihar, Patna

2. The D.M. cum the Chairman, District Establishment Committee (Compassionate Appointment), Khagaria

3. The Civil Surgeon cum Chief Medical Officer, Khagaria

4. The Incharge Medical Officer, Gogri Referral Hospital, Gogri, Khagaria

5. The Director-in-Chief, Health Services, Govt. of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar No.1, Advocate. For the Respondent/s : Mr. Mithlesh Prasad Singh, AC to SC 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-07-2016 Heard the parties.

This matter relates to compassionate appointment of the present petitioner who is wife of late Krishna Ram who died in harness. After demise of the husband, present petitioner filed an application for compassionate appointment. Two objections were raised, one with regard to the educational qualification and another with regard to the age.

Respondents authorities again reconsidered the case of the petitioner and in paragraph 5 of the supplementary counter affidavit it has been stated that petitioner's

qualification of 8th class has been entertained by the District Compassionate Appointment Committee, Khagaria on 15.4.2014 on the ground that for appointment on Class IV employee the required qualification of 10th class does not apply to the case of the petitioner. Second objection was with regard to over age and consideration granting relaxation of age. In paragraph 6 of the second supplementary counter affidavit it has been mentioned that after receipt of the documents for deciding the matter with respect to relaxation of age of the petitioner the same was considered by the department and accordingly upper age relaxation has been granted to the petitioner vide memo no.598(4) dated 10.6.2016 by the Director-in-Chief, Health Services, Bihar, Patna. In such view of the matter, now there is no hurdle in the appointment of the petitioner on compassionate ground. Learned counsel for the State submits that there is every likelihood that the petitioner would be appointed within shortest time preferably within a period of three months from today.

In view of the statement made at the Bar, this Court hope and trusts that petitioner would get compassionate appointment as per statement made in the supplementary

counter affidavit and oral statement made by the learned counsel for the State.

With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U