Patna High Court
Bibha Mishra vs The State Of Bihar And Ors on 16 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7242 of 2016
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Bibha Mishra W/o late Henanath Mishra Resident of Village- Gopalpur, PS-
Amdabad, District Katihar.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Health Department , Bihar, Patna.
3. The Joint Driector, Directorate Health Service, Bihar, Patna.
4. The District Magistrate Katihar.
5. The Civil Surgeon Cum Chief Medical Officer, Katihar.
6. The In-charge Medical Officer, Primary Health Centre, Kodha, District
Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Respondent/s : Mr. Gp20- Nadeem Seraj
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 16-11-2021
Heard learned counsel for the petitioner as well as
learned counsel for the State.
2. In the instant petition, petitioner has sought for
following reliefs:
(i) For issuance of any appropriate writ or writs,
rule or direction especially in the nature of
mandamus directing and commanding the
respondents to companionate the petitioner
in terms of monetary injury and mental
agony which the petitioner had suffered and
undergone for a long spell of time of the
passess of 20 years and her husband as
government servant died in harness on
03.10.1985 and the timid family of the
Patna High Court CWJC No.7242 of 2016 dt.16-11-2021
petitioner was compelled to moved from
pillar to post for more than two decades
and the respondents never taken into
account the hardship of the petitioner along
with her sons and daughters affected the
education, medicare and essential
requirements of event the food as such the
petitioner prayed to this Hon'ble Court to
grant adequate compensation and punish
the erring officials who are accountable for
the sickness and suffering at all corners of
life of the petitioner and her children.
(ii) For issuance of any appropriate writ or
writs, rule or directions as your lordships
may deem fit and proper to the facts and
circumstances of the case as well as for
which the petitioner may be found
entitled thereto.
3. Undisputedly, petitioner's husband died on
03.10.1985, she sought compassionate appointment in the year
1986 and she was appointed on 09.08.2010. In this backdrop,
learned counsel for the petitioner submits that petitioner's son
who has attained age of 20 years is entitled to compassionate
appointment. The petitioner has not questioned the validity of
the order of compassionate appointment dated 09.08.2010 and
further seeking for appointment on compassionate ground to her
son.
4. There is a delay and laches on the part of the
petitioner in seeking compassionate appointment to her son and
Patna High Court CWJC No.7242 of 2016 dt.16-11-2021
she has also not protested as and when she was appointed on
compassionate ground on 09.08.2010 stating that her son is
entitle to appointment. In fact, the object to providing
compassionate appointment is to meet the harness in the family.
No doubt, there is delay in issuing compassionate appointment,
further having regard to the aforesaid dates and events and the
petitioner had not requested to provide compassionate
appointment to her son at the initial stage. Therefore, the
petition stands dismissed.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 23.11.2021
Transmission Date
