Priya Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20509 of 2018 ====================================================== Priya Kumari, daughter of Late Radhey Sheyam Pandey, resident of villageFulkahan, P.S.- Sheyampur Bhatahan, District - Sheohar. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary General Administration Department Govt. of Bihar, Patna.

3.

The District Compassionate appointment Committee Sheohar through its Chairman.

4.

The District Magistrate, Sheohar.

5.

The Superintendent of Police, Sheohar.

6.

The Senior Addl. Collector, Sheohar.

7.

The Deputy Collector Establishment Sheohar.

9.

The Anchal Adhikari Dumri Katsari Anchal District Sheohar. 10.

The Officer-in-Charge of Sheyampur Bhatahan Police Station, District Sheohar.

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

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Respondent/s :

Mr. Dhurendra Kumar, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-09-2019 Heard learned counsel for the parties.

2. It is the petitioner's case that she is daughter of one Radhe Sheyam Pandey from his second wife, who died in harness on 23.04.2017 while working as Dafadar in Dumri Katsari Anchal in the district of Sheohar. She is claiming her appointment on compassionate ground. A dispute had arisen as to whether she being daughter of second wife of the deceased

Patna High Court CWJC No.20509 of 2018(2) dt.17-09-2019 2/2 employee can be held to be eligible for appointment on compassionate ground or not.

3. The issue is no more res integra in view of the recent Supreme Court's decision in case of Union of India vs. V.R. Tripathi reported in 2019(1) SCALE 302 and Full Bench decision of this Court in case of Bihar State Electricity Board & Ors. vs. Chadra Shekhar Paswan & Ors. reported in 2019(2) PLJR 500, which has been recently followed by this Court in CWJC No. 3927 of 2016 disposed of vide judgment dated 26.08.2019 (Rahul Kumar vs. The State of Bihar & Ors.).

4. In view of the aforesaid decisions of the Supreme Court and Full Bench of this Court, this writ application is disposed of with a direction to the District Magistrate, Sheohar to ensure that the petitioner's case is considered expeditiously preferably within two months from the date of receipt/ production of a copy of this order in accordance with law. (Chakradhari Sharan Singh, J) Rajesh/- U