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Priyanka Kumari vs The State Of Bihar
2023 Latest Caselaw 6140 Patna

Citation : 2023 Latest Caselaw 6140 Patna
Judgement Date : 22 December, 2023

Patna High Court

Priyanka Kumari vs The State Of Bihar on 22 December, 2023

Author: Anshuman

Bench: Anshuman

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.2536 of 2020
     ======================================================
     Priyanka Kumari Wife of late Mithilesh Kumar Sah, Resident of Nagopur,
     P.O- Piraunta, Police Station- Ara Mufassil, District- Bhojpur.

                                                                  ... ... Petitioner/s
                                          Versus

1.   The State of Bihar through the Principal Secretary of Home Department,
     Government of Bihar, Patna.
2.   The Director General of Police, Government of Bihar, Patna.
3.   The Inspector General of Police, Govt. of Bihar, Patna.
4.   The Deputy Inspector General of Police, Saran Range, Saran at Chapra.
5.   The District Compassionate Appointment Committee, Saran at Chapra
     through its Chairman, District Magistrate, Saran at Chapra.
6.   The Superintendent of Police, Saran at Chapra.
7.   The Deputy Superintendent of Police, Marhaura, Saran at Chapra.
8.   The S.H.O., Marhaura, Saran at Chapra.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :      Mr. Ravi Raj, Advocate
                                      Mr. Ranjan Kumar Singh, Advocate
     For the Respondent/s      :      Mr. P.K.Verma (Aag3)
                                      Mr. Saroj Kumar Sharma, AC to AAG-9
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 22-12-2023


                            Heard learned counsel for the petitioner and

      learned counsel for the State.

                            2. The present writ petition has been filed by the

      petitioner to appoint her on Class-III post on compassionate

      ground on the ground that her husband was murdered/killed by

      the criminal/naxalites          while performing his duty as Sub-

      Inspector of Police.
 Patna High Court CWJC No.2536 of 2020 dt.22-12-2023
                                           2/3




                            3. Learned counsel for the petitioner submits that

         the petitioner's husband was appointed as Sub-Inspector of

         Police in the year 2009 and he was working and posted at

         Marhaura under the District of Saran at Chapra. Counsel for the

         petitioner submits that petitioner's husband was murdered by

         criminals in an encounter on 20.08.2019. In this regard, an FIR

         was also lodged bearing Marhaura P.S. Case No.596 of 2019.

         Counsel for the petitioner submits that after death of husband of

         the petitioner she is facing hardship towards her life and failed

         to meet her basic necessities to survive herself and, therefore,

         she has filed representation to all concerned including the

         Director General of Police, Bihar, Patna, for appointment on

         compassionate ground, but till date no action has been taken.

         Her last representation was made on 28.11.2019, which she has

         Annexed as Annexure-2.

                            4. From the record of this case, it transpires that

         counter affidavit has been filed and in the counter affidavit the

         clear pleading of the State has come that petitioner Priyanka

         Kumari       after death of her husband, namely, late Mithilesh

         Kumar Sah,         has already been appointed on compassionate

         ground on Class-III post as a constable on 20.03.2020 in the

         District of Saran at Chapra. The copy of letter has been issued
              Patna High Court CWJC No.2536 of 2020 dt.22-12-2023
                                                        3/3




                      from the office of Superintendent of Police, Saran, dated

                      22.09.2023

bearing letter No.4870, has also been issued relating

to her appointment. Annexure-B has also been attached in the

counter affidavit in which she accepted the post of constable.

5. As such, it transpires to this Court that the

grievance, for which the petitioner has filed this writ petition,

has already been fulfilled. Therefore, this writ petition is

dismissed.

(Dr. Anshuman, J) Mkr./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.12.2023
Transmission Date       NA
 

 
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