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Rajesh Prasad Singh v. the State of Bihar and Ors.

Patna HC17 May 2013CWJC/9974/2010

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the District Magistrate to consider an application for compassionate appointment by the petitioner, the deceased teacher's son, resolving a deadlock caused by the step-mother's refusal to consent, after hearing the respondent.

What did the court decide?

Direction issued to the District Magistrate to consider the petitioner's application for compassionate appointment within three months after hearing respondent no.8.

Rajesh Prasad Singh Vs the State of Bihar and Ors. — Succession and Inheritance | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.9974 of 2010

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====================================================== 1. Rajesh Prasad Singh, S/O Late Chandeshwar Prasad Singh, R/O Village Chhatauna, P.S. Samastipur (Sadar), District- Samastipur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Principal Secretary, Human Resources and Development Department, Government of Bihar, Patna 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate cum Chairman, District Compassionate Committe, Samastipur. 5. The District Superintendent of Education, Samastipur. 6. The Circle Officer, Samastipur. 7. The Headmaster, Govt. Middle School, Muriaro,Ujiarpur,Samastipur. 8. Nirmala Devi, W/O Late Chandeshwar Prasad Singh, R/O Village + P.O. Madhurapur,Tara, P.S. Kalyanpur,District- Samastipur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Mr. N.D.Choubey For the Respondent/s : Mr. (Sc12) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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5 17-05-2013 Despite issuance of notice upon respondent no.8 by both mode, which was validly served, there is no representation on her behalf till date.

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Petitioner is one of the siblings of late Chandeshwar Prasad Singh, an Assistant Teacher, who died in harness on 27.8.2008. The employee has left behind a second wife with some progeny. Petitioner is son from the first wife. He has made a claim for compassionate appointment, which would be evident from Annexure- 3 to the writ application. However, no decision is

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Patna High Court CWJC No.9974 of 2010 (5) dt.17-05-2013

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being taken by the competent authority, especially the District Compassionate Committee because the step mother is not willing to give her consent for his appointment. There is a deadlock and the family continues to suffer.

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Counsel for the petitioner has drawn the attention of this Court to a decision rendered in CWJC No.8887 of 1999, which is case of Ravi Kumar Bharti v. State of Bihar & ors., decided on 9.3.2000. This decision of the learned single Judge has been affirmed in LPA No.546 of 2000, decided on 12.1.2001.

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A reading of the order of the learned single Judge would reflect that a similar kind of dispute was raised even in that case and a direction has been issued by the learned single Judge upheld by the Division Bench, to resolve the deadlock.

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Keeping the ratio of the above decision in view, the present writ application is disposed of with a direction upon the District Magistrate, Samastipur that he being the Chairman of the District Compassionate Appointment Committee, will consider the application of the petitioner taking into consideration the decision rendered in Annexure- 8 after giving an opportunity of hearing to the private respondent no.8. A decision must be taken within a time frame of three months from the date of production of a copy of this order by the petitioner or to a very first meeting, which may

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Patna High Court CWJC No.9974 of 2010 (5) dt.17-05-2013

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be held, of the District Compassionate Appointment Committee, whichever is earlier.

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(Ajay Kumar Tripathi, J)

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Rajesh Prasad Singh v. the State of Bihar and Ors.

Case brief

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Rajesh Prasad Singh v. the State of Bihar and Ors.

Case brief

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