Vinod Kumar Mahato v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18522 of 2017 ====================================================== Vinod Kumar Mahato, son of Late Bangali Mahato, resident of VillageSirsadhanuk Toli, Police Station- Baikunthpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

2. The District Magistrate-cum- Chairman District Compassionate Appointment Committee, Gopalganj.

3. The District Collector, Establishment, Gopalganj.

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

For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the Respondent/s : Mr. Md. Ishad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and the State.

In view of the issue involved in the present writ application, the writ application is disposed of with liberty to the petitioner to approach the respondents for redressal of his grievance in view of the fact that earlier the case of the petitioner was not considered by the respondents that there is no vacancy available for appointment on compassionate ground and now the vacancies are available.

The respondents shall examine the case of the petitioner and if it is found that earlier the petitioner has approached the respondents within time frame under the policy

Patna High Court CWJC No.18522 of 2017 (2) dt.05-02-2018 2/2 decision and his case was not earlier considered on the ground that there was no vacancy available for compassionate appointment, the respondent will now consider the case of the petitioner and take final decision notwithstanding the fact that there is delay, if any, in filing the present application for consideration of his case for compassionate appointment, as earlier the petitioner has filed application for compassionate appointment within time and as such now the respondents cannot take the plea of delay in filing the application for compassionate appointment. The respondents are expected to take final decision considering the issue of compassionate appointment expeditiously preferably within a maximum period of six months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Uday/- U