Disposed

Pawan Kumar v. The State Of Bihar and Ors.

Patna HC5 Jan 2016CWJC/19768/2015

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AI extract

What is this about?

The petitioner sought appointment on compassionate grounds eleven years after his father's death. The Court held that a writ of Mandamus cannot be issued for such belated claims. Instead, it directed the District Education Officer to decide the claim within one month.

What did the court decide?

Direction to Respondent No. 3 to take a final decision on the petitioner's claim for compassionate appointment within one month.

Pawan Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.19768 of 2015

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Pawan Kumar, Son of late Jagdish Choudhary, resident of Kurha, Po and P.S.-Sahebpur Kamal, District-Begusarai.

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.... .... Petitioner

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Versus

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The State of Bihar through Principal Secretary, Human Resources Department, District-Patna.

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The District Magistrate, Begusarai.

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District Education Officer, Begusarai.

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Block Education Officer, Sahebpur Kamal, District-Begusarai.

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District Education Superintendent, Begusarai.

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Head Master, Prathimik Vidalaya, Durakpur, District-Begusarai.

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.... .... Respondents

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Appearance :

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For the Petitioner : Mr. Manoj Kumar Pandey, Adv.

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For the State : Mr. Raj Kumar Singh, AC to SC-8

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL JUDGMENT

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Date: 05-01-2016

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Heard learned counsel, appearing on behalf of the petitioner, and learned counsel representing the respondents-State of Bihar.

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2. Admittedly, the father of the petitioner died in harness in the year 2004. The present writ application has been filed 11 years after his death by the petitioner, seeking

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Patna High Court CWJC No.19768 of 2015 dt.05-01-2016

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2/2

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direction to the respondents for his appointment on compassionate ground consequent upon death of his father.

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3. No writ, in the nature of writ of Mandamus , can be issued on such belated claim. However, in the facts and circumstances of the case, the Court observes that the District Education Officer, Begusarai (respondent No.3), must take a final decision, within a period of one month from the date of receipt/production of a copy of this judgment, on the petitioner’s claim for his appointment on compassionate ground, either this way or that way, keeping in view the stand taken by the petitioner that the District Compassionate Committee has recommended the petitioner’s case for such appointment.

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4. This application stands disposed of accordingly.

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(Chakradhari Sharan Singh, J.)

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Praveen-II/-

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Pawan Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Pawan Kumar v. The State Of Bihar and Ors.

Case brief

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