Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1797 of 2020 ====================================================== Chandan Kumar, S/o Chhatneshwar Paswan Resident of Mohalla- Chowki, P.S.- Shahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna at New Secretariat, Patna.

2.

The Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.

3.

The Chairman District Compassionate Committee cum District Magistrate, Begusarai, District- Begusarai.

4.

The Sub-Divisional Officer, Balia, District- Begusarai. 5.

The Station House Officer, Sahabpur Kamal, Police Station, DistrictBegusarai. 6.

The Block Development Officer, Sahebpur Kamal, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Shashi Shekhar Kishore, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad ( SC-8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-07-2023

1. The petitioner's claim for compassionate appointment has been rejected by the compassionate committee in its meeting dated 28-09-2016. Aggrieved by such rejection of his claim, he has approached this Court.

2. The fact which is not in dispute is that the petitioner's father died in a harness while functioning as a Chawkidar on 23-11-2008, when the petitioner was about 13 years of age.

3. In terms of the provisions governing compassionate

Patna High Court CWJC No.1797 of 2020(4) dt.25-07-2023 2/2 appointment, the petitioner had five years time for applying to avail the benefit of compassionate appointment. Five years in the instant case lapsed on 23-11-2013. Nine months thereafter, the petitioner has made his application for appointment on compassionate grounds as he obtained the requisite educational qualification for compassionate appointment on 05-06-2014.

4. The application admittedly is not within the time which is prescribed for making an application for availing the benefit of compassionate appointment.

5. Application being barred and outside the prescribed time limit, no direction can be issued in favor of the petitioner for his appointment. Decision of the District Compassionate Committee, in the above noted facts and circumstances, does not suffer from any infirmity.

6. The writ petition is dismissed.

(Madhuresh Prasad, J) SUMIT/- U