Md. Jahangir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6292 of 2025 ====================================================== 1.

Md. Jahangir Son of Late Ansarul Haque @ Md. Ansarul, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul. 2.

Zahida Khatoon, Wife of Late Ansarul Haque, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna. 2.

The District Magistrate cum Chairman, District Compassionate Selection Committee, Supaul.

3.

That Senior Treasury Officer, Supaul.

4.

The Deputy Collector (Estab.) District Collector, Supaul. 5.

Md. Umar Ali Akbar, son of Late Ansarul Haque, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

6.

Kanija Khatoon, wife of Late Ansarul Haque, resident of Village-Chain Singh Patti, P.S.-Supaul, District-Supaul.

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

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Respondent/s :

Mr. Government Pleader (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-04-2025 Learned Counsel for the petitioners and learned counsel for the State are present.

2. The present writ petition has been filed by the petitioners for quashing of the part of the decision dated 09.03.2024 communicated vide Memo No.212-2 dated 09.03.2024, by which respondent No.2 has rejected the claim of petitioner No.1 for appointment on compassionate ground since there is lack of consent between petitioner No.2 and respondent

Patna High Court CWJC No.6292 of 2025(2) dt.28-04-2025 2/3 No.6. Further prayer to direct the respondents to consider the case of petitioner No.1 in accordance with the policy decisions dated 05.10.1991 as well as dated 13.07.2022, since the father of the petitioner died in harness on 05.12.2021 from the post of Clerk.

3. Learned counsel for the petitioner submits that the father of petitioner No.1 entered into two marriages and both the wives and their sons and daughters are in conflict. It is due to this reason, the authority has passed the order.

4. Counsel for the petitioner seeks relief from this Court to set aside the rejection order of the District Magistratecum- Chairman, District Compassionate Selection Committee, Supaul, and pass further direction to the authorities concerned to appoint petitioner No.1 on compassionate ground.

5. In the light of the submissions, it transpires that there are two wives and their children, appointment on compassionate ground has to be made to only one and for that consent is require. Therefore, it transpires to this Court that the disputes are between the heirs and legal representatives of two wives of the government servant, who died in harness during the service period.

6. In this view of the matter, this Court is not inclined

Patna High Court CWJC No.6292 of 2025(2) dt.28-04-2025 3/3 to interfere in the decision of the District Compassionate Selection Committee as it is a private dispute. Accordingly, this writ petition is dismissed.

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