Indra Mohan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4741 of 2024 ====================================================== Indra Mohan Kumar Jha S/o Sri Ram Babu Jha Resident of Village and P.O.- Kushauthar, P.S.- Bahadurpur, District- Darbhagna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Health Department, Government of Bihar, Patna.

2.

The District Magistrate-cum-Chairman, District Level Compassionate Appointment Committee, Darbhanga.

3.

Civil Surgeon-cum-Chief Medical Officer, Darbhanga. 4.

Incharge Medical Officer, Primary Health Centre, Sadar, Darbhanga. 5.

Chandra Mohan Kumar Jha S/o Sri Ram Babu Jha Resident of Village and P.O.- Kushauthar, P.S.- Bahadurpur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shanti Pratap, Advocate For the Respondent/s :

Mr. Sarvesh Kr. Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ petition has been filed seeking the following relief:- "1. That, this writ application is being filed for commanding the respondents particularly Respondent No. 2 District Magistrate cum District Level Compassionate Appointment Committee, Darbhanga to consider the case of the Petitioner for appointment on compassionate ground to a suitable Class-III Post due to death of his mother who died on 26.07.2023 in harness.

Patna High Court CWJC No.4741 of 2024(2) dt.18-04-2024 2/3 This writ application is also being filed for holding that the petitioner is only eligible and entitled to be considered for appointment on compassionate ground to a suitable post on account of death of his mother who died on 26.07.2023 in harness.

This application is also being filed for holding that the impugned non-consideration of the case of the petitioner for appointment on compassionate ground due to death of his mother who died in harness, is illegal, arbitrary and without any lawful justification."

2.

At the outset, the learned counsel for the respondent-State has submitted, by referring to the instructions received from the respondents, that on account of certain internal dispute between the legal heirs of the deceased employee, the District Compassionate Committee, Darbhanga has thought it proper to seek guideline from the Principal Secretary, General Administration Department, Government of Bihar, Patna, and accordingly, the District Magistrate, Darbhanga has written a letter dated 13.03.2024 for the said purpose, however, till date, reply is yet to be

Patna High Court CWJC No.4741 of 2024(2) dt.18-04-2024 3/3 received.

3.

In view of the aforesaid, I deem it fit and proper to direct the Principal Secretary, General Administration Department, Bihar, Patna to furnish guidelines in response to the letter dated 13.03.2024 sent by the District Magistrate, Darbhanga, within a period of four weeks from today, whereupon the District Compassionate Committee, Darbhanga shall take a final decision with regard to the case of the petitioner for grant of compassionate appointment, in lieu of death of his mother in harness on 26.07.2023, within a period of four weeks, thereafter.

4.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U