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Patna High CourtCWJC/15600/2024disposed

Sangeeta Kumari v. The State Of Bihar

2024-10-08Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15600 of 2024 ====================================================== Sangeeta Kumari wife of Amod Rai Resident of Village- Mohammadpur Sagar, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home (Police) Department, Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Superintendent of Police, East Champaran, Motihari. 4.

The Deputy Superintendent of Police, Pakridyal, East Champaran. 5.

The Officer Incharge of Rajepur Police Station, District- East Champaran. 6.

The Anchal Adhikari, Tetaria Anchal, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Fazle Karim, Adv.

For the Respondent/s :

Mr. Vivek Prasad, GP7.

:

Mr. Manisha Singh, AC to GP7.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-10-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner is directed to add the District Magistrate, East Champaran, Motihari as party respondent in course of the day.

3. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondents to appoint the petitioner as Chaukidar on compassionate ground as her mother died in harness working as Chaukidar on 24.02.2019 under the Respondent No.5 and 6 in BIT No.7/3.

Patna High Court CWJC No.15600 of 2024(2) dt.08-10-2024 2/3

4. Counsel further submits that the petitioner's mother was working as Chaukidar in BIT No.7/3 in the Rajepur Police Station and she was performing her duties regularly to the best of her abilities and also to the satisfaction of all concerned without any grievance from any quarter.

5. Counsel further submits that the petitioner's mother was appointed as Chawkidar through an order issued vide Memo No.138 dated 06.05.2002 issued by the District Magistrate, East Champaran, Motihari and on the basis of the decision taken by a District Level Selection Committee.

6. Counsel further submits that the petitioner's mother died in harness on 24.02.2019 and the petitioner has filed an application on 16.12.2019 before the Respondent No.6 for consideration of her appointment on compassionate ground due to death of her mother. He further submits that all documents have been filed by the petitioner before the Circle Officer and several petitions have also been filed, but till date, no action has been taken in this matter.

7. Learned Counsel for the State submits that the District Magistrate is the Competent Authority for appointment on compassionate ground and therefore, her name has been figured in the list prepared by the order of the District

Patna High Court CWJC No.15600 of 2024(2) dt.08-10-2024 3/3 Magistrate.

8. In this background, it is directed to the petitioner to file a fresh representation before the District Magistrate, East Champaran, Motihari along with the order passed by this Hon'ble Court within 30 days and the District Magistrate shall pass order on the representation filed by the petitioner within 90 days from the date of filing the same.

9. With the aforesaid direction, the present writ application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- U