Sujit Kumar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5153 of 2019 ====================================================== Sujit Kumar Pandey, Son of late Ramiqbal Pandey Resident of VillageKarwathi Bazar, P.S. Gopalpur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, West Champaran, Bettiah. 2.

The Collector, West Champaran, Bettiah.

3.

The Dy. Collector(Est). West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar For the Respondent/s :

Mr. Md. Nadim Seraj (GP 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 02-04-2019 Heard the learned counsel for the petitioner and the State.

The petitioner is aggrieved by the order dated 06.06.2018 passed by the Deputy Collector (Establishment), West Champaran, Bettiah by which the request of the petitioner for being considered for compassionate appointment has been rejected.

It appears that the father of the petitioner, while working as BDO in Gounaha Block in the district of West Champaran, died in harness on 04.07.1986. It further appears that an application was made by the mother of the petitioner,

Patna High Court CWJC No.5153 of 2019 dt.02-04-2019 2/3 way back in the year 1989 for her being appointed on compassionate grounds as the petitioner at that time was only a minor. It appears that after the petitioner attained majority, another application was made before the concerned authority and after a report was sought for from the Circle Officer, it came to light that the death had taken place about 31 years ago and, therefore, the petitioner did not have any right to be considered for compassionate appointment in place of his father.

No doubt, at the time of death of the father of the petitioner, he was a minor but this Court cannot ignore the fact that compassionate appointment is not an alternative or an additional mode of appointment. Appointment on compassionate ground is given by the respective departments only for the purpose of helping the family of the deceased employee to overcome immediate destitution. Since the mother of the petitioner could rear him up for such a long time, there is no reason why any interference be made with the order dated 06.06.2018 rejecting the request of the petitioner for being appointed on compassionate ground. The petitioner

Patna High Court CWJC No.5153 of 2019 dt.02-04-2019 3/3 would be well advised to face the world through direct competition for earning his livelihood.

There is no merit in the writ petition. It is dismissed accordingly.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 04.04.2019 Transmission Date