Manoj Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20012 of 2018 ====================================================== Manoj Sharma, son of Late Ram Singh @ Ram Sharma, Resident of Village + P.S.- Naugachia, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Tilka Manhi University, Bhagalpur through its Registrar. 4.

The Vice-Chancellor of Tilka Manji University, Bhagalpur. 5.

The Registrar of Tilka Manjhi University, Bhagalpur. 6.

The Principal, Madan Ahiliya Mahila College, Naugachia, District - Bhagalpur.

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

For the Petitioner/s :

Mr. Deepak Kumar For the Respondent/s :

Mr.Madhaw Pd. Yadaw- Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and the State as well as the University.

The present wit application has been filed by the petitioner for a direction to the respondents to consider his case for compassionate appointment.

The father of the petitioner died in harness on 02.07.2017. The petitioner has applied for compassionate appointment on 11.05.2018 before the University. Learned counsel for the University submits that there is dispute as two wives of the deceased and as such the writ

Patna High Court CWJC No.20012 of 2018(2) dt.04-07-2019 2/2 application does not merit any consideration. The issue with regard to the claim of the son borne out from the second wife has been finally decided by the Full Bench of this Court reported in 2019 (2) PLJR 500 and as such the legitimacy of the child borne out of second marriage and his claim for compassionate appointment is no more res integra. In view of the judgment of the Full Bench reported in 2019 (2) PLJR 500, the writ application is disposed of with a direction to the respondent University to pass appropriate order on the claim of the petitioner within a period of sixty days from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U