Zeyaul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4927 of 2016 =========================================================== Zeyaul Haque, Son of Izaharul Haque, Resident of Mohalla - Hospital Road, P.S. Bettiah Town, District - West Champaran .... .... Petitioner

Versus

1. The State of Bihar through the Principal Chief Secretary, Patna

2. The Principal Secretary, Civil Supplies, Bihar at Patna

3. The Director, Agriculture, Bihar at Patna

4. The Joint Director, Plant Conservation, Bihar at Patna

5. The District Compassionate Committee, through the Collector (Chairman ), Madhubani

6. The Collector, West Champaran

7. The Additional Collector ( Establishment ), Madhubani

8. The District Agriculture officer, Madhubani

9. The Block Development officer, Ghoghardiha, Madhubani .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate For the Respondent/s : Mr. Ajay, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-01-2017 Heard parties.

Through this writ application, the petitioner seeks a direction to the State authorities to appoint him on compassionate ground in the office of Block Development Officer, Ghoghardiha, Madhubani on class III post after his father, who was working as 'Kamdar', had gone traceless for more than two years. It is contended that there has been recommendation for his appointment. However, only difficulty is that his age is being treated from the date of consideration and not from the date of filing

Patna High Court CWJC No.4927 of 2016 dt.20-01-2017 2/2 of application, therefore, he becomes overage by one day. The Joint Director, Plant Protection had already requested the Director, Agriculture, Bihar, Patna and recommended for age relaxation vide his letter dated 13.07.2015 (Annexure-P/2) but no decision has been taken as yet. It is also contended that other similarly situated persons have already been granted such benefit. For that purpose, the petitioner has appended a list as Annexure-P/3. Accordingly, this writ application is being disposed of with a direction to the respondent no.3 to take a decision upon Annexure P/2, also considering Annexure P/3, on its own merit and in accordance with law within a period of three months from the date of receipt/production of a copy of this order and communicate it immediately to the petitioner.

If the petitioner's claim finds favour then immediate consequential steps should be taken by the authority. (Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

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