Tanu Shree Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15363 of 2024 ====================================================== Tanu Shree Sharma Wife of Late Ajay Kumar Sharma Resident of VillageBabhangama, P.O.- Tinpahar, P.S.- Tinpahar, District- Sahebganj, Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, New Secretariat, Patna. 2.

The Director, Primary Education, Government of Bihar, New Secretariat, Patna.

3.

The District Compassionate Appointment Committee, Katihar through the District Magistrate its Chairman.

4.

The District Magistrate, Katihar.

5.

The District Education Officer, Katihar.

6.

The District Programme Officer, (Establishment), Katihar. 7.

The Block Education Officer, Azam Nagar, P.O. and P.S.- Azam Nagar, District- Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Raghwanand, GA- 11 Mr. Rajnish Shandilya, AC to GA- 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 19-08-2025 Heard the parties.

2. The husband of the petitioner died in harness long back on 20.05.2021, while working as a Block Teacher in Upgraded Middle School, Rangapokhar, Block- Azam Nagar within the District of Katihar. Notwithstanding the filing of the

2/4 application for her compassionate appointment on account of unfortunate demise of her husband when the claim of the petitioner for appointment on compassionate ground could not be considered, she filed the present writ petition.

3. A counter affidavit has been filed on behalf of respondent No. 6 and it has been apprised to this Court that the claim of the petitioner for compassionate appointment has been under active consideration and on receipt of the recommendation, the record have been forwarded to the competent authority for taking decision in the matter of compassionate appointment. It has further been informed that the recommendation for compassionate appointment of the petitioner have been duly forwarded by the then District Programme Officer (Establishment), Katihar to the Chief Executive Officer-cum-Deputy Development Commissioner, Katihar vide Letter No. 506 dated 28.06.2022 for further needful in the matter. The name of the petitioner figured at serial No. 7 of the recommendation letter dated 28.06.2022.

4. Mr. Bipin Bihari Singh, learned Advocate for the petitioner submitted that it has been admitted that the name of the petitioner was recommended for appointment on compassionate ground long back on 28.06.2022 itself, but even

3/4 after lapse of more than three years, till date, no positive decision has been taken for extending appointment on compassionate ground.

5. Learned Advocate for the State submitted that in absence of any instruction with regard to the present position, he would not be able to apprise this Court as what happened on the recommendation made by the Department.

6. Having considered the submissions set-forth by learned Advocate for the respective parties as also taking note of the averments made in the counter affidavit, this Court deems it proper to dispose off the writ petition with a direction to respondent Nos. 3 and 4 to take up the matter with regard to the appointment of the petitioner on compassionate ground along with other eligible candidates and take a final decision, preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

7. Before parting with the case, it is made clear that the very object of compassionate appointment is to give immediate succor to the bereaved family, whose bread-earner died in harness, leaving the entire family in destitution.

8. It is expected that the period stipulated must be adhered to by the concerned respondents.

4/4

9. Accordingly, the present writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) sauravkrsinha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.08.2025 Transmission Date NA