Kanhaiya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8006 of 2021 ====================================================== Kanhaiya Kumar Singh Son of Late Chandra Mohan Singh Resident of Village - Pure Chhapra, P.O. - Sonoho Bhatha, P.S. - Parsa and District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, The Department of Panchayati Raj, Old Secretariat, Govt. of Bihar, Patna 2.

The District Magistrate Saran at Chhapra 3.

The District Panchayati Raj Officer Saran at Chhapra 4.

The Block Development Officer At Garkha Block Office, District - Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 05-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondent nos. 3 and 4.

3. In the instant petition, petitioner has prayed for following reliefs:

"1) That by way of this application the petitioner seeks a COMPASSIONATE APPOINTMENT to a Class-3 post in the department of the Panchayat Raj of the Govt. of Bihar in view of the death-in-harness of his deceased father namely Late Chandra Mohan Singh, who died on 20.10.2019 during the period of his

Patna High Court CWJC No.8006 of 2021 dt.05-01-2022 2/3 service to the post of a Panchayat Secretary at Block Office, Garkha of Saran district, vide the death certificate of his deceased father; despite the eligibilities and qualifying features of the petitioner, his representations for the consideration of his case failed to fetch any relief for himself, thus he has moved this Hon'ble Court for a direction/directions to the respondents No. 02 to 04 to select and appoint the petitioner to a Class-3 post of the department, as an annexure to this application."

4. Short question for consideration in the present petition is whether petitioner is entitled for compassionate appointment on account of death of his father, late Chandra Mohan Singh, who died while he was in service on 20.10.2019 or not? Respondent Nos. 2 to 4 have not taken any decision as to whether petitioner is entitled for compassionate appointment or not for these many years.

5. The very object of providing compassionate appointment is to meet immediate harness in the family. Therefore, it is not correct on the part of the concerned respondents to sleep over the matter. Therefore, the concerned respondent is hereby directed to take decision and pass speaking order within a period of one month from the date of receipt of this order, failing which, petitioner is entitled to litigation cost and it is quantified as Rs. 10,000/-.

Patna High Court CWJC No.8006 of 2021 dt.05-01-2022 3/3

6. With the aforesaid observations, the instant petition stands disposed of.

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