Sumant Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Sumant Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the Division Bench judgment in L.P.A. No. 1472 of 2015 (Rhituraj Saraubh) and the Single Bench order in C.W.J.C. No. 8963 of 2018 (Chandra Shekhar Azad); respondents directed to grant similar benefits to the petitioner within eight weeks; Memo No. 4953 dated 27.06.2018 (Annexure-13) quashed; writ petition allowed.

Issue for consideration

Whether the present case is covered by the Division Bench judgment dated 18.04.2018 in L.P.A. No. 1472 of 2015 (The State of Bihar & Ors. vs. Rhituraj Saraubh and Anr.) and the Single Bench order dated 11.05.2018 in C.W.J.C. No. 8963 of 2018 (Chandra Shekhar Azad and Ors. vs. State of Bihar and Anr.), entitling the petitioner to similar benefits and quashing of Memo No. 4953 dated 27.06.2018.

Court's answer

Having regard to the submissions made by learned counsel for the parties, the present writ petition is disposed of in terms of the Division Bench judgment in the case of Rhituraj Saraubh (L.P.A. No. 1472 of 2015) and the Single Bench order in the case of Chandra Shekhar Azad (C.W.J.C. No. 8963 of 2018).

Ratio / Principle

The respondents are directed to grant similar benefits to the petitioner within a period of eight weeks from the date of receipt/production of a copy of the order.

Key takeaways

Memo No. 4953 dated 27.06.2018 (Annexure-13) is quashed.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.; oral judgment dated 04-03-2024) disposed of a writ petition by Sumant Kumar against the State of Bihar and education/district authorities including the District Level Compassionate Appointment Committee. Learned counsel for the parties were in agreement that the case was squarely covered by the Division Bench judgment dated 18.04.2018 in L.P.A. No. 1472 of 2015 (The State of Bihar & Ors. vs. Rhituraj Saraubh and Anr.) and the Single Bench order dated 11.05.2018 in C.W.J.C. No. 8963 of 2018 (Chandra Shekhar Azad and Ors. vs. State of Bihar and Anr.). Acting on that concession, the Court disposed of the petition in terms of those decisions, directed the respondents to grant similar benefits to the petitioner within eight weeks of receipt/production of the order, quashed Memo No. 4953 dated 27.06.2018 (Annexure-13), and allowed the writ petition. NAFR; uploaded 12.03.2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6308 of 2019

======================================================

Sumant Kumar Son of Late Chandeshwar Prasad Singh R/o Village and PostBarah, P.S.-Rani Talab (Kanpa) Patna, District-Patna

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna

The Principal Secretary Education Department, Government of Bihar, Patna

The Director Primary Education, Bihar, Patna

The District Level Compassionate Appointment Committee through its Chairman, the District Magistrate, Patna

The District Magistrate Patna

The Deputy Collector (Establishment) Patna

The District Education Officer Patna

The District Programme Officer (Establishment) Patna

The Block Education Officer, Bikram District-Patna

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Ms. Namrata Singh, AC to EX GA12

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 04-03-2024

Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the parties are in agreement that the present case is squarely covered by a judgment rendered by the learned Division Bench dated 18.04.2018, passed in L.P.A. No. 1472 of 2015 (The State of Bihar & Ors. vs. Rhituraj Saraubh and Anr.) and the order of the Single Bench of this Court dated 11.05.2018 passed in C.W.J.C. No. 8963 of 2018

Patna High Court CWJC No.6308 of 2019 dt.04-03-2024 2/2

(Chandra Shekhar Azad and Ors. vs. State of Bihar and Anr.).

Having regard to the submissions made by the

learned counsel for the parties, the present writ petition is disposed of in terms of the aforesaid judgment rendered by the Division Bench of this Court passed in the Case of Rhituraj Saraubh & Ors. ( supra ) and the order of the Single Bench of this Court in the case of Chandra Shekhar Azad & Ors. ( supra ) and the respondents are directed to grant similar benefits to the petitioner within period of eight weeks from the date of receipt/production of a copy of this order, Memo No. 4953 dated 27.06.2018 (Annexure-13) is hereby quashed and the writ petition is allowed.

(Anjani Kumar Sharan, J)

anand/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	12.03.2024
Transmission Date	NA