Jitendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.631 of 2019 ====================================================== Jitendra Kumar son of Late Mahendra Thakur, Resident of MohallaPataleshwar Mandir Road Katra, P.S. Hajipur Town, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Vaishali at Hajipur. 3.

The District Establishment Committee Vaishali at Hajipur. 4.

The Chief Medical Officer cum Civil Surgeon Vaishali at Hajipur. 5.

The Medical In- Charge Bidupur Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Anuj Kumar- AC to SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2019 In the writ petition, prayer has been made by the petitioner for a direction to appoint him on compassionate ground on account of death of his father in harness on 26.03.2010 in a class IV post at Primary Health Center, Bidupur. Counsel for the State submits that from the averment made in the counter affidavit in para 9 as well as order of the Civil Surgeon-cum-Chief Medical Officer, Vaishali dated 15.02.2018, it is apparent that younger brother of the petitioner namely, Dharmendra Kumar has been given appointment on compassionate ground on account of demise of father of the petitioner and Dharmendra Kumar.

It is submitted that two persons cannot claim

Patna High Court CWJC No.631 of 2019(2) dt.19-09-2019 2/2 appointment on compassionate ground. Once one is granted appointment on compassionate ground, claim of assailing or challenging appointment on compassionate ground by another person would not be maintainable.

Without going into the said submission and since none appears on behalf of the petitioner, writ petition is dismissed for want of prosecution.

(Madhuresh Prasad, J) s.hassan/- U