Patna High Court
Neha Kumari vs The State Of Bihar on 17 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10494 of 2020
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Neha Kumari Daughter of Varun Kumar Mishra Resident of Flat No. 103,
Anand Vihar Apartment, Ambika Vihar Colony, Ambedkar Path, P.S.-
Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Science and Technology Department, Govt. of
Bihar, Patna.
3. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
4. The Director, Science and Technology Department, Govt. of Bihar, Patna.
5. The Secretary, Science and Technology Department, Govt. of Bihar, Patna.
6. The Under Secretary, Science and Technology Department, Govt. of Bihar,
Patna.
7. The District Magistrate, Muzaffarpur.
8. The Principal, Muzaffarpur Institute of Technology, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Respondent/s : Mr. Mritunjay Kumar, AC to AAG
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 17-04-2021
Heard learned counsel for the petitioner and learned
counsel for the State through video conference. Learned counsel
for the petitioner undertakes that all defects pointed out by the
Stamp Reporter shall be removed, and compliance with the
conditions of the notices of this Court with regard to acceptance
of e-filing shall be made, without delay immediately upon
resumption of normal physical functioning of the Court, and in
any event within one month thereof.
2. The present writ petition has been filed for "issuance
of appropriate writ/writs, order/orders, direction/directions
commanding the respondent authorities to provide
Patna High Court CWJC No.10494 of 2020 dt.17-04-2021
compassionate appointment to the petitioner after the death of
her father, namely, Late Varun Kumar Mishra due to oral cancer
on 21.01.2015 and at that time the deceased employee was
posted as Assistant Professor in English subject at MIT,
Muzaffarpur, the petitioner being the divorcee daughter of the
deceased employee and solely dependent upon her father and
after the death of her father, she applied for compassionate
appointment on 30.07.2015 with all required educational
certificates and affidavit by her widowed mother, but still
compassionate appointment has not been provided to her."
3. Learned counsel for the petitioner submits that upon
death of her father Late Varun Kumar Mishra who was posted as
an Assistant Professor in English at M.I.T. Muzaffarpur, the
petitioner as a divorced daughter of the deceased became
entitled for consideration for compassionate appointment. She
accordingly filed an application for the purpose on 30.07.2015
(Annexure-4), but she has yet to be appointed. She claims
entitlement for the appointment on the basis of the General
Administration Department's Circular dated 05.05.2010
(Annexure-3).
4. Learned counsel for the respondent-State appears
and has been heard. It is submitted that on facts the petitioner is
not entitled for compassionate appointment as she does not fulfil
the conditions of the said circular.
5. Having heard the parties and on consideration of
materials on record, this Court is of the view that the ends of
justice will be met by granting liberty to the petitioner to
approach the Principal, Muzaffarpur Institute of Technology,
Muzaffarpur (Respondent No. 8) with an appropriate petition for
redressal of her grievances. If any such petition is filed within a
period of two weeks from today, the same shall be considered
and disposed of in accordance with law after grant of an
Patna High Court CWJC No.10494 of 2020 dt.17-04-2021
opportunity of hearing to the petitioner, expeditiously and in any
event within a period of three months thereafter. To enable
disposal, the petitioner shall furnish her mobile number and
email ID to the respondent no. 8 in her petition if so advised.
6. It is made clear that in view of the ongoing Covid-19
pandemic, any correspondence between the parties may be made
through email and the petitioner shall be at liberty to request for
hearing through video conference.
7. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made
by the petitioner within the stipulated time provided in para 1
hereinabove, failing which the matter shall be brought to the
notice of this Court.
(Vikash Jain, J)
Chandran/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 19.04.2021
Transmission Date -
