Kumari Preeti Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19030 of 2017 ====================================================== Kumari Preeti Sinha, wife of Late Uday Kumar, Resident of Gulab Bhawan Larkaniya Tola Katihar, P.S. Katihar, District- Katihar. .... .... Petitioner/s

Versus

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

2. The Director Secondary Education, Bihar, Patna.

3. The District Education Officer, Katihar.

4. The District Programe Officer, (Establishment) Katihar.

5. The Appointment Committee, Nagar Nigam Teachers Appointment Committee through the Executive Officer, Nagar Nigam, Katihar.

6. The Chairman, Nagar Nigam Teachers Appointment Committee, Katihar.

7. The Head Master, High School BMP 7 Katihar, District Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Respondent/s : Mr. Dhirendra Kumar Roy, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and State. The husband of the petitioner died in harness on 24.05.2016.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has filed application for consideration of her case for compassionate appointment and also for payment of ex-gratia in the light of the resolution of the State Government dated 08.09.2015. Learned counsel submits that unfortunately neither the respondents have taken decision for compassionate appointment of the petitioner despite recommendation of the

Patna High Court CWJC No.19030 of 2017 (2) dt.05-02-2018 2/2 headmaster of the school on 27.08.2016 nor the respondents have decided the claim of the petitioner for ex-gratia amount in terms of the resolution of the State Government dated08.09.2015. In view of the fact that the respondents have not taken any final decision either on the claim of the petitioner for compassionate appointment or on the application of the petitioner for ex-gratia amount, the writ application is disposed of with a direction to respondent no.3 (District Education Officer, Katihar) to examine the claim of the petitioner in accordance with the policy decision of the State Government for compassionate appointment as well as for payment of ex-gratia and take final decision on the claim of the petitioner for compassionate appointment as well as for payment of ex-gratia within a maximum period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- U