Disposed¶31

Sarswati Devi v. The State Of Bihar and Ors.

Patna HC23 Apr 2024CWJC/8865/2016

Case brief

AI extract

What is this about?

compassionate appointment cancellation; violation of terms and conditions of compassionate appointment; failure to maintain mother; consent-based disposal; monthly maintenance direction Rs. 3,000; family pension Rs. 34,000; death in harness 18.02.2003; Assistant Teacher High School Kanhaiyachak Parvata; appointment letter 06.07.2005; SPM High School Rajadham Khagariya; Lipik Clerk; Patna High Court CWJC 8865/2016; Anil Kumar Sinha; 23-04-2024; Supaul; Khagariya; Bihar Education Department.

What did the court decide?

Respondent no. 8 directed, with the consent of the parties, to pay Rs. 3,000/- every month into the petitioner's bank account till her lifetime, starting from the first week of May, 2024; no cancellation of the compassionate appointment was ordered ¶31

Sarswati Devi Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8865 of 2016

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Sarswati Devi wife of late Chandra Kant Mishra, Resident of VillageChandail, P.O.- Bakaur, P.S. and District- Supaul.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

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The Director, Education Department, Government of Bihar, Patna.

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The Regional Deputy Director of Education Munger, Division, Munger, Bihar.

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The District Officer, Khagariya, Bihar.

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The District Education Officer, Khagariya, Bihar.

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The District Programmed Officer Karyakaram Padadhikari, Education Department Khagariya, Bihar.

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The Headmaster, SPM High School Rajadham, Maheshkhut, Khagariya, Bihar.

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Pawan Kumar Mishra, son of Late Chandra Kant Mishra, resident of villageChandail, P.O.- Bakaur, P.S. and District- Supaul at present Posted as Lipik Clerk in the SPM High School Rajadhanm, Maheshkhut, Khagariya, Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Madhaw Prasad Yadaw, Advocate For the Respondent/s : Mr. SC 19 For Respondent no. 8 : Mr. Kishore Kr. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 23-04-2024 1. Heard learned counsel for the parties concerned.

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The petitioner has filed the present writ application

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for canceling the compassionate appointment of respondent no. 8 on the ground of violation of terms and conditions of compassionate appointment by him. Respondent no. 8 happens to be the younger son of the petitioner. Petitioner’s husband Chandra Kant Mishra died in harness on 18.02.2003, while he

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Patna High Court CWJC No.8865 of 2016(4) dt.23-04-2024 2/3

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was working as an Assistant Teacher in High School, Kanhaiyachak, Parvata, leaving behind his wife (petitioner) and other sons and daughters. The respondent no. 8, being the younger son of the petitioner, was admittedly, granted compassionate appointment, by letter dated 06.07.2005.

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The contention of the petitioner is that respondent no. 8 has violated the terms and conditions of compassionate appointment. He is not taking care of the petitioner (mother) and accordingly, his appointment is liable to be cancelled.

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Mr. Thakur, learned counsel for respondent no. 8 submits that without prejudice to the rights and contentions of respondent no. 8 and the fact that petitioner is getting family pension of Rs. 34,000/-, respondent no. 8 is ready to pay a sum of Rs. 3,000/- per month in favour of the petitioner in her Bank Account for her maintenance.

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Learned counsel for the petitioner accepts the offer made by the respondent no. 8 and undertakes to supply the Bank Account Number of the petitioner to the learned counsel for respondent no. 8, within 10 days.

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Accordingly, with the consent of the parties, the present writ application is disposed with a direction to respondent no. 8 to pay a sum of Rs. 3,000/- every month in the

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Patna High Court CWJC No.8865 of 2016(4) dt.23-04-2024 3/3

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Bank Account of his mother i.e. petitioner, till her lifetime, starting from first week of May, 2024.

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