Sajan Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5165 of 2020 ====================================================== Sajan Kumar Suman S/o Late Mateshwar Mandal resident of Israin Kala, P.O.-Israin Kala, P.S.-Kumarkhand, District-Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of General Administration Department, Bihar, Patna.

2.

The Principal Secretary, Home (Police) Department, Bihar, Patna. 3.

The District Magistrate, Madhepura 4.

The Superintendent of Police Cum District Commandant Madhepura. 5.

The District Establishment Deputy Collector, Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tapeshwar Sharma, Adv.

Mr. Jyoti Ranjan Jha, Adv.

For the Respondent/s :

Mr. Saroj Kr. Sharma, (AC to AAG-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for quashing the decision taken in a meeting of District Compassionate Appointment Committee presided by the District Magistrate, Madhepura by which the claim of the petitioner has been rejected for compassionate appointment.

3. Learned counsel for the petitioner submits that the claim of appointment of the petitioner has been rejected on the ground that his elder brother is already in service. He further submits that the elder brother of the petitioner has started living

Patna High Court CWJC No.5165 of 2020(5) dt.25-04-2024 2/2 separately since last 20 years and he is not taking care of the family of his father.

4. Learned counsel for the State submits that the case of the petitioner has been considered in the light of existing law and the law is well settled that in case, any of the son of the deceased employee is working/in service, then the other persons are not entitled for compassionate appointment.

5. In this view of the matter, this Court finds no case of the petitioner and therefore, the present writ applicataion is hereby dismissed.

(Dr. Anshuman, J) sadique/- U