Nilu Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 5159 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.11472 of 2017
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Nilu Kumari W/o Late Om Hari Verma, Village- Manara, P.o.- Dharampur, P.S. Noorsarai, Distsrict- Nalanda, persent address- D/o Sri Arjun Prasad, Village- Dadupur, P.O.- Bangpur, P.S.- Parwalpur, District- Nalanda.

... ... Petitioner/s Versus

1. The State Of Bihar through the principal secretary, Education department, Govt. of Bihar, Vikash Bhawan, New secretariat, Patna-800001.

2. The Secretary, Education Department, Govt. of Bihar, Vikash Bhawan, New Secretariat, Patna- 800001.

3. The Director, Primary Education, Education Department, Govt. of Bihar, Vikash Bhawan, New Secretariat, Patna-800001.

4. The District Magistrate cum the District compassionate appointment Committee, District Collectariat, Bihar Sharif, District-Nalanda.

5. The District Education Officer, District Education Office, Bihar Sharif, District- Nalanda.

6. The District Programme Officer, District Education Office, Bihar Sharif, District- Nalanda.

7. The Mayor cum the President, Municipal Corporation appointment Committee, Bihar Sharif, District- Nalanda.

8. The Municipal Commissioner cum the Member Secretary, Municipal Corporation appointment Committee, Bihar Sharif, District-Nalanda.

9. The Members, Municipal Corporation appointment Committee, Bihar Shrif, District- Nalanda.

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

For the Petitioner/s : Mr. Jayram Sharma, Advocate

For the State : Mr. Sanjay Kumar, AC to GP-23

For Corporation : Mr. Gyan Prakash Ojha, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY Patna High Court CWJC No.11472 of 2017 dt.07-10-2023

ORAL JUDGMENT Date : 07-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for

appointing the petitioner on compassionate ground on the post

of Municipal Teacher or Non-teaching staff.

3. The case of the petitioner in brief is that the

husband of the petitioner who was appointed on the post of

Municipal Teacher at Girls Primary School, Chaukhandipar,

Bihar Sharif at Nalanda on 25.3.2013, died on 27.6.2013 leaving

behind the petitioner ie his widow. Inspite of the petitioner

having filed an application before the District Magistrate for

appointment on compassionate ground in place of her husband,

and the said application having been forwarded to the

authorities concerned, the petitioner was not appointed and

finally she was forced to file the instant writ application. The

petitioner received a letter dated 17.2.2017 (Annexure-8) from

the Municipal Commissioner- Cum- Member Secretary of the

Compassionate Committee at Bihar Sharif asking him to furnish

documents. Learned counsel for the petitioner referring to the

statement made in the reply to the counter affidavit submits that

all the required documents were already furnished to the

respondents in March, 2017 itself, however no decision has Patna High Court CWJC No.11472 of 2017 dt.07-10-2023

been taken on her application for appointment on compassionate

grounds.

4. Learned counsel for the respondents submits that as

per instructions received, the petitioner had prayed for

appointment as a Municipal Teacher and her not having the

requisite qualification, she could not be appointed. However, on

query by the Court, it is admitted that no decision has been

taken on the application for compassionate appointment filed by

the petitioner.

5. In view of the facts and circumstances of the case,

the matter relating to appointment on compassionate ground on

account of death of the husband of the petitioner which took

place as far back as on 27.6.2013 and the required documents as

asked for by the respondents already having been furnished by

the petitioner on 1.3.2017, The District Magistrate cum the

District compassionate appointment Committee, District

Collectariat, Bihar Sharif, District- Nalanda (respondent no.4)

and the Municipal Commissioner cum the Member Secretary,

Municipal Corporation appointment Committee, Bihar Sharif,

District- Nalanda (respondent no.8) are directed to consider the

application for appointment on compassionate ground filed by

the petitioner within a period of six weeks of Patna High Court CWJC No.11472 of 2017 dt.07-10-2023

communication/receipt of a copy of this order and to take a final

decision thereon which shall be communicated to the petitioner

within a period of two weeks of the decision being taken.

6. The writ application stands disposed of.

(Partha Sarthy, J) Shiv/-

AFR/NAFR
CAV DATE                N/A
Uploading Date          12.10.2023.
Transmission Date       N/A