Punam Devi vs The State Of Bihar And Ors
2022 Latest Caselaw 4789 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.21027 of 2014
======================================================

Punam Devi daughter of late Baleshwari Devi resident of village Jawahirpur, Post Office Kamraon, Police Station Ujiarpur, District Samastipur

... ... Petitioner/s Versus

1. The State Of Bihar through its District Officer, Chapra, Bihar

2. The Chairman-cum-District Officer, Compassionate Appointment Committee, District Chapra.

3. The Superintendent, Mandal Jail, Chapra, District Chapra

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

For the Petitioner : Mr.Lalan Kumar Singh, Advocate For the Respondents : Mr.Priyadarshi Matri Sharan, AC to AAG 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT Date : 05-12-2022 Heard the parties.

By this writ petition, the petitioner has prayed for

issuance of a direction to the respondents to consider her case

for appointment on compassionate ground.

The petitioner is the married daughter of the deceased

employee. Her claim has been rejected only on the ground that

she is the married daughter of the deceased employee and she is

not eligible for appointment on compassionate ground.

Learned counsel for the petitioner has relied upon the

scheme of the State Government and a decision of this Court in

the case of Anita Devi Vs. The State of Bihar and ors. reported

in 2018 (3) PLJR 392. However, it has been contended by

learned counsel for the petitioner that the deceased employee Patna High Court CWJC No.21027 of 2014 dt.05-12-2022

had no son and the petitioner is one of the daughters of the

deceased employee.

Learned counsel for the petitioner at the time of

hearing has produced a letter contained in Memo No.16973

dated 10.12.2014 issued by the Principal Secretary, General

Administration Department, Government of Bihar, Patna

wherein it has been provided that a married daughter of the

deceased employee has been included in the list of the persons

who can be appointed on compassionate ground provided that

the deceased employee had no male child and the case of the

petitioner is squarely covered by the decision of the

Government.

Considering the submissions of the parties; and in

view of the aforesaid letter of the State Government and also in

view of the decision of this Court in the case of Anita Devi Vs.

The State of Bihar and ors. reported in 2018 (3) PLJR 392, the

District Magistrate, Saran, Chapra is directed to take a decision

in accordance with law with regard to the claim of the petitioner

for compassionate appointment within six weeks from the date

of receipt/communication of a copy of this judgment to him. If

the decision is not taken by the District Magistrate, Saran at

Chapra within the stipulated time, the petitioner shall be at Patna High Court CWJC No.21027 of 2014 dt.05-12-2022

liberty to file an interlocutory application for revival of the writ

petition.

With the aforesaid observation and direction, the writ

petition is disposed of.

(Sandeep Kumar, J) BT/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          08.12.2022
Transmission Date       N.A.