Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4486 of 2020 ====================================================== Vikash Kumar Son of Jagdhari Paswan, Resident of Village-Dabhaich, P.S.- Tisiauta, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home, Government of Bihar, Patna.

2.

The Collector, Vaishali, District-Vaishali.

3.

The Collector-Cum-Chairman, District Compassionate Appointment Committee, Vaishali, District-Vaishali 4.

Superintendent of Police, Vaishali, District-Vaishali 5.

The Deputy Collector Incharge, General District Administration, Vaishali, District-Vaishali 6.

Sub-Divisional Officer, Mahua, District-Vaishali. 7.

Circle Officer, Patepur, District-Vaishali.

8.

S.H.O., Police Station Tisiauta, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2024 Learned counsel for the petitioner and learned counsel for the State are present.

2. Learned counsel for the petitioner submits that petitioner's father died in harness in the year 2003 and request for compassionate appointment was rejected on the ground that application for compassionate appointment was filed 13 years after the death of the petitioner's father, as it transpires by Annexure-A.

3. Learned counsel for the petitioner submits that application for compassionate appointment of the petitioner's mother is still pending till date and no averments has come in

Patna High Court CWJC No. 4486 of 2020(2) dt.22-03-2024 2/2 the counter affidavit in this regard.

4. Learned counsel for the State on the other hand submits that the present writ has not been maintainable because the matter basically relates to appointment of the petitioner on the compassionate ground which he has filed with the delay of 13 years. So far as the question of appointment of mother is concerned, no such relief has been demanded by the petitioner.

5. In this view of the matter, this Court is of the firm view that due to inordinate delay, there is no case of the petitioner. Hence, this writ petition is dismissed.

6. So far as the other pleading of the petitioner is concerned for application for compassionate appointment of his mother which is still pending, this Court restrain to pass any such observation regarding the pleadings made by the petitioner.

7. Learned counsel for the petitioner is at liberty to take any steps which is available to him in accordance with law, if so advised.

8. Accordingly, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Sunnykr/- U