Kiran Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13620 of 2018 ====================================================== Kiran Kumari, wife of Amit Kumar Jha, Resident of Village- Harprasad, P.O. Marai, P.S. Jandaha, District- Vaishali, at present- Panchayat Teacher, Primary School, Chakarman (Patory), Block- Patory, District- Samastipur. ... ... Petitioner/s

Versus

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

2. The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

3. The Regional Deputy Director, Darbhanga Division, Darbhanga.

4. The District Education Officer, Samastipur.

5. The District Programme Officer (Establishment), Samastipur.

6. The Block Education Officer, Patory, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha For the Respondent/s :

Mr. Smt. Binita Singh- Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard the parties.

Following relief has been sought for in the present application on behalf of the petitioner:

"That this writ application in the nature of Mandamus is being filed for issuance of a direction to the respondents to consider the case of the petitioner who is a Panchayat Teacher at fixed salary on compassionate ground for regular pay protection along with all consequential monetary benefits from the date of appointment in the light of Departmental advisory contained in Memo No. 38 dated 12.01.2018 at the behest of the judgment of the Hon'ble Apex Court reported in 2017 (5) SCC

Patna High Court CWJC No.13620 of 2018(2) dt.10-08-2018 2/2 383 for which the representation of the petitioner dated 18.05.2018 is still pending for kind consideration in accordance with the above said verdict."

It has been submitted on behalf of the petitioner that the case of the petitioner is squarely covered by the order dated 11.05.2018 passed in C.W.J.C. No. 8963 of 2018. The respondent no. 5 (The District Programme Officer (Establishment), Samastipur) is directed to examine the case of the petitioner in the light of the order dated 11.05.2018 passed in C.W.J.C. No. 8963 of 2018 and pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U