Prakash Kumar Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3918 of 2019 ====================================================== Prakash Kumar Srivastava, aged about 30 years (M), S/o Krishna Mohan Lal, R/o Mohalla-New Sidhauli, P.S.-Dalmiyanagar, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar Power (Holding) Company Ltd. through the Chairmancum-Managing Director, Bihar State Power (Holding) Company Ltd.,Vidut Bhawan, Bailey Road, Patna.

2.

The Managing Director, Bihar State Power Transmission, Company Ltd., Vidut Bhawan, Bailey Road, Patna.

3.

The General Manager (HR/Administration), Bihar State Power (Holding) Company Ltd., Vidut Bhawan, Bailey Road, Patna. 4.

The General Manager (HR/Administration), Bihar State Power Transmission 'Company Ltd.', Vidut Bhawan, Bailey Road, Patna. 5.

The Deputy General Manager, Personnel Bihar State Power (Holding) Company Ltd., Vidut Bhawan, Bailey Road, Patna. 6.

The General Manager-cum-Chief Engineer, Transmission Zone, Patna, Vidut Bhawan, Bailey Road, Patna.

7.

The Director (Administration), Bihar State Power (Holding) Company Ltd., Vidut Bhawan, Bailey Road, Patna.

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

For the Petitioner/s :

Mr. Udit Narayan Singh, Adv.

For the Respondent/s :

Mr. Vijay Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 01-03-2019 The petitioner seeks a direction to the

Patna High Court CWJC No.3918 of 2019 dt.01-03-2019 2/3 respondent/Bihar State Power (Holding) Company Ltd. (in short the Company) for appointing him on any post of Grade-3, which would be commensurate with the qualification which he has obtained during the period that he served as a 4th Grade employee by way of compassionate appointment because of the death of his father, an employee of the Company, in harness.

2. It appears from the records that the father of the petitioner was an employee of the erstwhile Bihar State Electricity Board, who died while serving the Electricity Board on 29.09.2006. The application of the petitioner for being appointed on compassionate ground was allowed and the petitioner was appointed as a Night-shift Guard, i.e., a ClassIV post sometimes in the year 2008, which appointment the petitioner has accepted.

3. Mr. Udit Narayan Singh, the learned counsel for the petitioner submits that the petitioner was wrongly appointed on compassionate ground in Class-IV post as at the time of appointment, he had already acquired necessary qualification for being appointed on a Class-III post.

Patna High Court CWJC No.3918 of 2019 dt.01-03-2019 3/3

4. The fact that the petitioner accepted the aforesaid appointment on Class-IV post and that also in the year 2008, on which post he is continuing till date, there is no ground for this Court to take into account the grievance of the petitioner or pass any order in his favour.

5. The petition has no merits and the same is dismissed.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.03.2019 Transmission Date N/A