Rakesh Raushan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3698 of 2019 ====================================================== Rakesh Raushan, son of Late Devendra Pandey, resident of Mishra Tola Malviganj, Sherghati, P.S. & P.O.- Sherghati, Distt.- Gaya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development & Housing Department, New Secretariat, Patna, Bihar. 2.

The Principal Secretary, Urban Development & Housing Department, New Secretariat, Patna, Bihar.

3.

The Divisional Commissioner, Gaya.

4.

The District Magistrate, Gaya.

5.

The Executive Officer, Nagar Panchyat, Sherghati, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Jha, Adv For the Respondent/s :

Mr. Yogendra Prasad Sinha (AAG-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 27-02-2019 The petitioner is the son of the deceased employee who died in harness in the year 2014 as Tax Collector in the Urban Development & Housing Department. The other siblings of the petitioner have given 'no objection' in favour of the petitioner for his appointment on compassionate ground. An application also has been made by the petitioner for his appointment on compassionate ground but till date no decision has been taken on such application of the petitioner.

Patna High Court CWJC No.3698 of 2019 dt.27-02-2019 2/3 It further appears from the writ petition that the father of the petitioner had not deposited an amount which was collected by him by way of tax which also the petitioner is ready and willing to deposit.

According to the petitioner, there is a scheme of compassionate appointment in the Department in which the deceased employee worked and therefore, the petitioner ought to be considered for the same so that his family is not relegated to the state of destitution and vagrancy. On the aforesaid submissions advanced on behalf of the petitioner, this Court deems it appropriate to direct the petitioner to make a fresh representation before the Executive Officer, Nagar Panchayat, Sherghati, Gaya (respondent No. 5) to look into the case of the petitioner and if possible, refer the candidature of the petitioner before the Committee which is to decide about compassionate appointment in case of death of an employee in harness and take a decision in that regard as early as possible, preferably within a period of three months from the date of receipt of such application/representation on behalf of the petitioner.

Patna High Court CWJC No.3698 of 2019 dt.27-02-2019 3/3 With the aforesaid observation/direction, the writ petition is disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02/03/2019