Jitendra Kumar Saini v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8649 of 2018 ====================================================== Jitendra Kumar Saini, Son of Ram Naresh Prasad @ Ram Naresh Saini, Residing at Kushinagar Dumari, P.O., P.S. and District Kushinagar. ... ... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Gopalganj.

2. The District Magistrate, Gopalganj.

3. The District Education Officer, Gopalganj.

4. The District Programme Officer (Establishment), Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh For the Respondent/s :

Mr. Smt. Binita Singh- Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and the State. The father of the petitioner died in harness on 06.05.2016. After the death of bread earner an application was submitted by the petitioner in prescribed format for compassionate appointment before the respondents after completing all the formalities.

Learned counsel for the petitioner has submitted that despite the application submitted by the petitioner in prescribed format for compassionate appointment, the respondents are sitting tight over the matter and till date no final decision has been taken.

The idea behind the compassionate appointment is to provide immediate financial assistance to the dependents of the

Patna High Court CWJC No.8649 of 2018(2) dt.11-05-2018 2/2 bread earner in order to mitigate the hardship of family on account of sudden death of the bread earner, as such, the respondents are required to take decision for compassionate appointment at the earliest so that family may not suffer financial hardship on the death of bread earner. Considering the objective behind compassionate appointment, respondents are hereby directed to take final decision on the claim of the petitioner for compassionate appointment within a period of 60 days from the date of receipt/production of a copy of this order.

While taking decision the respondents have to see the objective of compassionate appointment as social security measure and they are required to obviate rendering compassionate appointment illusionary by taking a plea which is not consistent with the objective of social security in the nature of compassionate appointment.

With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U