Rohit Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1150 of 2019 ====================================================== Rohit Kumar late Pramod Sharan Singh Resident of Village and P.O. Bhakri, P.S. Dhanarua, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Irrigation Department, Government of Bihar, Sichi Bhawan, Patna.

2.

The Secretary, Sone Command, Sone Bhawan, Birchand Patel Path, Patna 3.

The Regional Development Commissioner-Cum-Chairman, Sone Command, Sone Bhawan, Birchand Patel Path, Patna 4.

The Chief Engineer Sone Command, Sone Bhawan, Birchand Patel Path, Patna 5.

The Executive Engineer, Sone Command Division at Ara, District- Bhojpur. 6.

The Assistant Engineer, Sone Command Division at Ara, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Advocate For the State :

Mr. Saroj Kumar, AC to GP-7 For the respondent Nos. 2-7 :

Mr. Harshvardhan Shivsundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-07-2023 Let the Director, Water and Land Management Institute (for brevity 'WALMI') be impleaded as respondent No. 7. The admitted position is that WALMI is the successor in interest of the erstwhile 'Sone Command Area Development Agency' (SCADA).

Petitioner's claim for compassionate appointment pursuant to death of his father in-harness on 24.01.2017 is pending consideration.

It is submitted that the application was made four (4)

Patna High Court CWJC No.1150 of 2019(4) dt.03-07-2023 2/2 months after the death of the petitioner's father on 16.05.2017 itself, before the Officer of the erstwhile Agency. Since post dissolution of SCADA, the successor in interest, admittedly, is WALMI, and petitioner's claim now has to be considered by the newly added respondent No. 7. Therefore, no adjudication is called for at present, and the matter need not be kept pending. This Court is, therefore, disposing of the instant proceedings with direction to the respondent No. 7 to consider the petitioner's claim for compassionate appointment in accordance with law. For effective consideration, if so required, the respondent No. 7 may call upon the petitioner. If the same is done, the petitioner would be obliged to cooperate, participate and appear before respondent No. 7 to facilitate consideration. The entire exercise should be completed within three (3) months from the date of receipt/production of a copy of this order.

Accordingly, the writ petition is disposed of. (Madhuresh Prasad, J) Raj kishore/- U