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Patna High CourtCWJC/4341/2025disposed

Harishankar Kumar v. The State Of Bihar

2025-03-21Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4341 of 2025 ====================================================== Harishankar Kumar, S/o Late Dilip Paswan, R/o Mohalla-Sohani Patti, P.O.- Buxar, P.S. - Buxar, District - Buxar, Pin Code-802101 (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Principal Secretary, Urban Development and Housing Development Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Buxar.

4.

The Special Officer, Urban Development and Housing Development Department, Govt. of Bihar, Patna.

5.

The Executive Officer, Nagar Parishad, Buxar. 6.

The Deputy Secretary-cum-Director, Urban Development and Housing Development, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr. Gyanendra Kumar Shukla, Advocate Mr. Mayank Dubey, Advocate For the Respondent/s :

Mr. Narendra Kumar Singh, AC to GP-22 For the N.P., Buxar :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-03-2025 Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the concerned respondents to expedite his pending matter for compassionate appointment.

3. Mr. Gyanendra Kumar Shukla, learned Advocate for the petitioner contended that notwithstanding the decision taken by the District Compassionate Committee, Buxar on 20.09.2024 under the Chairmanship of District Magistrate, Buxar recommending the case of the petitioner for his

Patna High Court CWJC No.4341 of 2025(2) dt.21-03-2025 2/3 appointment against class 3 post, subject to the verification of the certificates and other testimonials, till date, no decision has been taken, hence the present writ petition.

4. Adverting to the facts enumerated in the writ petition, learned Advocate for the petitioner contended that the father of the petitioner died in harness while working as a Tax Collector on 02.03.2016. Soon after the unfortunate demise of the petitioner's father, an application for appointment on compassionate ground was duly filed by the petitioner in the year 2016 itself, but after much persuasion from all the ends, the mater has been placed before the District Compassionate Committee almost about a delay of 7-8 years. Though, fortunately after a long delay recommendation has been made, but still the petitioner is awaiting his appointment.

5. Mr. Ashok Kumar, learned Advocate for the Nagar Parishad, Buxar has submitted that before coming to this Court, seeking issuance of a writ in the nature of Mandamus, the petitioner has never approached before the Buxar Municipal Council, moreover, there is a recommendation in favour of the petitioner by the District Compassionate Committee that shall be looked into by the Buxar Municipal Council expeditiously after verification of the educational certificates and other

Patna High Court CWJC No.4341 of 2025(2) dt.21-03-2025 3/3 testimonials. Learned Advocate for the State also reiterated the submissions advanced by the learned Advocate for the Municipal Corporation.

6. In view of the fair submissions advanced by learned Advocate for the Municipal Corporation, the writ petition stands disposed off with an expectation and hope that the Municipal Council shall take a final decision expeditiously without there being any delay as the petitioner has been running for his compassionate appointment since 2016; however, in any case before three months.

7. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U