Patna High CourtCWJC/19391/2018disposed

Raj Kumar v. The State Of Bihar And ORS

2018-12-14Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 19391 of 2018 ====================================================== Raj Kumar S/o late Raj Vallabh Prasad Singh@ Rajballabh Prasad Singh R/o Village- Rasalpur, P.O. Dumri, P.S. Fatuha, District- Patna. ... ... Petitioner/s

Versus

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

2. District Compassionate Committee, Patna through the Collector, Patna.

3. The District Magistrate, Patna.

4. District Education Officer, Patna.

5. District Education Superintendent, Patna.

6. Block Education Officer, Block- Fatuha, District- Patna.

7. Head Master, Government Middle School, Dumri, Fatuha, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Amit Narayan, Arun Kumar & Smt Nirmala Kumari, Advocates For the S t a t e :

Mr Subhash Chandra Mishra, SC XVI ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2018 It is submitted by the learned counsel for the petitioner that the petitioner's case for compassionate appointment has been recommended prior to the cut off date that is 01.07.2006. In terms of the judgments of the Apex Court in the cases of Vishwanath Pandey -Versus- State of Bihar & Others, 2013 (3) PLJR (SC) 305 and of Mukesh & Another -Versus- State of Bihar & Others, (2017) 5 Supreme Court Cases 383; and also in terms of the provisions of Section 4.C

(1) of the Bihar State Litigation Policy, 2011, petitioner is entitled to similar relief as has been granted to the petitioners of the aforementioned cases by the Apex Court. For such relief,

Patna High Court CWJC No.19391 of 2018(2) dt.14-12-2018 2/2 petitioner's representation dated 16.02.2018 (Annexure 8) is pending before the District Education Officer, Patna. It is further submitted that if a direction is given for disposing of the claim in light of the Apex Court's judgments and the Bihar State Litigation Policy, 2011, petitioner's grievance is likely to be redressed.

In light of the limited submissions, matter is disposed of.

The District Education Officer, Patna (respondent No

4) is directed to take final decision on the petitioner's claim within a period of eight weeks from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) M.E.H./- U