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Patna High CourtCWJC/6960/2017dismissed

Munni Devi v. The State Of Bihar And ORS

2024-01-23Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6960 of 2017 ====================================================== Munni Devi W/o Late Kuldip Prasad, resident of Village- Upardih, P.S.- Sirdala, District- Nawada.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Home, Bihar, Patna 2.

The District Magistrate, Nawada.

3.

The Superintendent of Police, Nawada.

4.

The Officer Incharge, P.S.- Sirdala, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Respondent/s :

Mr. Md. Harun Buanesh, AC to SC01 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 23-01-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for a direction to the respondent authorities to appoint the petitioner on compassionate ground.

3. Leaned counsel for the petitioner submits that the husband of the petitioner died on 19.06.2005 and after that the petitioner has submitted his application for appointment on compassionate ground on 15.09.2016.

4. Learned counsel for the State submits that he has filed a detailed counter affidavit stating therein that the

Patna High Court CWJC No.6960 of 2017 dt.23-01-2024 2/3 petitioner has applied for the appointment on the post of Chaukidar in place of her husband who died in harness but the Compassionate Appointment Committee has rejected her application on 08.11.2008 on the ground that the petitioner is illiterate while the minimum qualification for appointment as Chaukidar is 8th Class pass as per the notification no. 9339 dated 28.08.2006 of Home Department, Bihar.

5. Learned counsel for the State further submits that the claim of the petitioner was rejected long back in the year 2008 and the present writ petition has been filed in the year 2017 and the petitioner has not chosen to challenge the same before the Hon'ble Court. In the year 2014 the daughter of the petitioner has also applied for the appointment on the compassionate ground and for that she has filed an application dated 26.04.2014 which was brought on consideration before the Compassionate Appointment Committee and the same was rejected vide decision dated 19.11.2014 on the ground that she has filed the application after 5 years and as per the provisions in the Compassionate Appointment Rules the daughter of the petitioner was required to file her application within 5 years of the death of her father.

Patna High Court CWJC No.6960 of 2017 dt.23-01-2024 3/3

6. In view of the aforesaid, there is no merit in the writ petition and same stands dismissed.

(Rajesh Kumar Verma, J) Vanisha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.01.2024 Transmission Date N/A