Gouri Shankar Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 21022 of 2018 ====================================================== Gouri Shankar Ray, Son of Late Shobha Kant Ray, resident of Village - Gandhigram Bareta, Police Station- Falka, District- Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Chief Secretary, Government of Bihar, Patna 2.

3.

The District Magistrate, Katihar.

The District Compassionate Appointment Committee through its Chairman, Katihar, District - Katihar The Incharge Officer, District Administrative General Section, Collectorate, Katihar The Superintendent of Police, Katihar The Circle Officer, Anchal - Falka, Police Station - Falka, District - Katihar The Station Head Officer (SHO), Falka Police Station - Falka, District - Katihar 4.

5.

6.

7.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Abdul Wadood, Braj Kishore Singh, Advocates For the Respondent/s :

Mr Ruchikar Jha, AC to SC VIII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 27-05-2019 Matter has been listed today in the Summer Vacations as the learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May 2019, published prior to the vacation. Matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

Heard learned counsel for the petitioner and the respondent-State.

Patna High Court CWJC No. 21022 of 2018(2) dt.27-05-2019 2/3 Petitioner's father Shobha Kant Ray died on 09.10.2014 on Class IV Post in the Department while in harness. Asserting his claim for compassionate appointment, the petitioner made an application on 03.10.2017. The same was forwarded to the competent authority. Annexure 6 is communication from office of the Circle Officer, Falka in the district of Katihar recommending petitioner's claim to the office of the District Magistrate, Katihar. In spite of the said recommendation, no decision has been taken on the same. The short submission made by petitioner's counsel is that respondent No 2 be directed to dispose of the petitioner's claim for compassionate appointment upon its own merit expeditiously.

Since the issue has to be examined, as per eligibility by respondent No 2, no useful purpose would be served by keeping the instant writ proceedings pending. The same is disposed of.

However, respondent No 2 is directed to take a final decision in respect of the petitioner's claim, if the same has not been done till date. Respondent No 2 should proceed in the matter expeditiously and without any undue delay and the petitioner's claim, should be considered at the next meeting of

Patna High Court CWJC No. 21022 of 2018(2) dt.27-05-2019 3/3 the District Compassionate Committee, after communication of a copy of this order before respondent No 2.

(Madhuresh Prasad, J) M.E.H./- U