Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5666 of 2021 ====================================================== Avinash Kumar Son of Late Ashok Singh Resident of Village - Tungi- Manaini, P.S. - Wazirganj, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Director Agriculture, Bihar, Patna 2.

The Joint Director (Agronomy), Munger Division, Munger 3.

The District Agriculture Officer, Begusarai 4.

The District Magistrate-cum-the Chairman, The District Compassionate Appointment Committee, Begusarai 5.

The District Compassionate Appointment Committee, Begusarai Through its Chairman 6.

The Principal Secretary, General Administration Department, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 04-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioner has prayed for the following relief(s):- "(i) For direction upon the respondent District Compassionate Appointment Committee, Begusarai (in short Committee) to consider and recommend the name of the petitioner for being appointed on compassionate ground from Class-4 to Class-3 post in the light of letter no. 5958 dated 25.04.2012and in the light of letter bearing Memo No. 8082 dated 05.06.2015 issued by the General Administration Department (in short

Patna High Court CWJC No.5666 of 2021 dt.04-02-2022 2/3 GAD) for which the District Agriculture Officer, Begusarai has already recommended the case of the petitioner to the D.M., Begusarai-Cum- Chairman of the Committee vidde letter no. 1714 dated 25.08.2020.

(ii). For direction upon the respondent authorities to appoint the petitioner against vacant Class-3 posts in Grade Pay 1900/- in place of Grade Pay 1800/- by virtue of qualification of intermediate in science possessed by the petitioner from the date of his appointment i.e. from 27.06.2016 with all consequential monetary benefits.

(iii). For direction upon the respondent authorities of GAD to ii.

communicate its guideline/advisory as sought by the District Compassionate Appointment Committee, Begusarai in its meeting dated 15.12.2020.

(iv). For any other relief/reliefs for which the petitioner is found entitled to."

The petitioner was already appointed on compassionate ground to a lower post on 27.06.2016. His grievance is that he is entitled to higher post on aforesaid ground. The petitioner has not questioned the validity of compassionate appointment issued on 27.06.2016 so as to reconsider his grievance for higher post. That apart, the petitioner cannot choose for which post he is required to be appointed on compassionate ground. The very object of compassionate appointment's scheme itself is to provide an employ-

Patna High Court CWJC No.5666 of 2021 dt.04-02-2022 3/3 ment to meet the harassness in the deceased family. That apart, Hon'ble Apex Court time and again held that the compassionate appointment is not a fundamental right. Secondly, petitioner cannot claim compassionate appointment to higher post. Hence, the present writ petition stands dismissed.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A