Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2379 of 2022 ====================================================== Neeraj Kumar Son of Mahesh Prasad Rajak @ Mahesh Prasad, resident of ward no. - 8, Om Nagar, Araria (Nagar Parishad), Distt. - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3.

The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna.

5.

The Superintending Engineer, Public Health Engineering Mechanical Circle, Purnea.

6.

The Executive Engineer, Public Health Mechanical Division, Purnea. 7.

The Sub-Divisional Officer, Public Health Mechanical Sub Division, Purnea.

8.

The Assistant Mechanical Engineer, Public Health Mechanical Sub Division, Purnea.

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

For the Petitioner/s :

Mr. Siyaram Pandey, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG 5 Mr. Vishwambhar Prasad, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 19-05-2022 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) Writ of mandamus or an appropriate writ/writs/order/orders or direction/directions commanding the respondents to appoint the petitioner on any suitable post on compassionate Ground as he is

Patna High Court CWJC No.2379 of 2022 dt.19-05-2022 2/3 the eldest son of his father who died in harness on 0107-2021, the petitioner thereafter approached the concerned office and applied for his compassionate appointment as after the early departure of his father whole family came in the grip of distress and all the family members are facing hardship, the petitioner an unemployed educated youth, having no source of income, legally entitled for appointment on suitable post under Public Health Mechanical Division, Purnea, in Public Health Engineering Department, Govt. of Bihar, Patna.

(ii) And/or Be pleased to pass such other order or orders which may be deemed fit and proper in the facts and circumstances of the case."

3. Short question for consideration in the present petition is whether petitioner is entitled to compassionate appointment or not?

4. Undisputed facts are that petitioner's father while working with the respondent department died on 01.07.2021. Petitioner submitted application on 11.12.2021 seeking compassionate appointment.

5. There is no action on the part of the respondent in accepting or rejecting petitioner's application for compassionate appointment by the concerned authority. It is to be noted that the object of providing compassionate appointment is to meet immediate harness in the family, therefore, the concerned authority is hereby directed to give priority to the compassionate

Patna High Court CWJC No.2379 of 2022 dt.19-05-2022 3/3 appointment issue and decide petitioner's grievance within a period of two months from the date of receipt of this order.

6. With the above observations, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 20.05.2022 Transmission Date