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Mikku Kumar v. The State Of Bihar and Ors.

Patna HC6 Dec 2017CWJC/8972/2017

Case brief

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What is this about?

This order examined a writ petition for compassionate appointment. The petitioner's father died in harness, but the department delayed the decision for over five years contrary to policy. The court ordered the District Magistrate to finally decide the appointment within 60 days.

What did the court decide?

Direction to Respondent No. 3 to finally decide the compassionate appointment within a maximum period of 60 days.

Mikku Kumar Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8972 of 2017

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Mikku Kumar, Son of Late Kamleshwar Prasad Verma, resident of Village Dharampur, P.O. Kakadhiya, P.S. Khaira, District- Saran.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary Education Department.

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The Director, Secondary Education, Education Department, Bihar, Patna.

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The District Magistrate, Saran, Chapra.

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The Deputy Collector, Establishment, Saran, Chapra.

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The District Education Officer, Saran, Chapra.

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The District Programme Officer (Establishment), Saran, Chapra.

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The Headmaster, 10+2 Higher Secondary School, Jalalpur Bazar, Saran.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Basant Kumar Singh For the Respondent/s : Mr. Smt. Binita Singh-Sc28

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====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 06-12-2017 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

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Petitioner has filed the instant writ petition for a direction to the respondents to consider the case of petitioner for compassionate appointment as father of the petitioner died in harness on 16.08.2012, more than five years has elapsed but the respondents are sitting tight over the matter.

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Counsel for the petitioner submits that the Head Master of the school has forwarded his application for compassionate appointment to the District Programme Officer, Saran at Chapra and the matter was also examined by District

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Patna High Court CWJC No.8972 of 2017 (2) dt.06-12-2017

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2/2

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Programme Officer who also forwarded the same way back on 18.12.2013 yet no decision was taken in the matter of compassionate appointment. The idea of the compassionate appointment is to provide financial support to tide over financial crisis of the family of the deceased. The Government has taken policy decision to fix the time limit of five years for making application for compassionate appointment but contrary to the policy, the respondents have consumed five years and odd or more in deciding the compassionate appointment. Such attitude of the respondents is not in consonance with the objective of the compassionate appointment.

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Accordingly, the writ application is disposed of with a direction to the respondent no.3, the District Magistrate, Saran, Chapra to see that the issue of compassionate appointment of the petitioner is finally decided and follow up order is passed by the competent authority within a maximum period of 60 days from the date of receipt/production of the copy of this order.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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Mikku Kumar v. The State Of Bihar and Ors.

Case brief

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Mikku Kumar v. The State Of Bihar and Ors.

Case brief

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