Vijay Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5663 of 2019 ====================================================== Vijay Kumar Choudhary, Male, aged about 30 + years, Son of Late Ram Chandra Choudhary, resident of Village- Lagma Ram Bhadrapur, P.S.- Sakatpur, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Personal and Administrative Reforms, Government of Bihar, Patna.

4.

The District Magistrate-cum-Collector-cum-Chairman, DistrictCompassionate Appointment Committee, Darbhanga. 5.

The Deputy Collector (Establishment) Darbhanga, District - Darbhanga. 6.

The District Programme Officer (Establishment), Darbhanga District - Darbhanga.

7.

The Block Education Officer, Tardih Block, P.S. Sakatpur, District - Darbhanga.

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

For the Petitioner/s :

Mr. Durga Nand Jha, Adv.

For the Respondent/s :

Mr. Madanjeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 11-04-2019 The father of the petitioner, who was serving as a Teacher in Government Middle School, died while in duty on 01.04.2017. The petitioner, who is the son of the deceased employee, has applied for being appointed on compassionate ground in place of his father for the reason

Patna High Court CWJC No.5663 of 2019 dt.11-04-2019 2/3 that the family has been in distress ever since the death of the sole bread-earner, viz., the father of the petitioner.

2. In response to the aforesaid application preferred by the petitioner, he was asked to submit certain documents, which he has furnished; but the grievance of the petitioner is that despite passage of such a long time, his case has neither been sent for consideration before the District Compassionate Appointment Committee of which the District Magistrate is the Chairperson nor any action has been taken in that regard.

3. The learned counsel for the petitioner submits that every day, the petitioner is feeling the necessity of being appointed on compassionate ground because not only has he to maintain himself, but also the wife and other dependents of the deceased employee. It has also been submitted that the petitioner has all requisite qualification for being appointed on Class-III post and he does not insist for being appointed on a particular post only. All that the petitioner desires is that his application be considered expeditiously and an order be passed, so that the family is

Patna High Court CWJC No.5663 of 2019 dt.11-04-2019 3/3 bailed out of the difficult times that it has been put to with the death of the father of the petitioner.

4. The petitioner, in the aforesaid circumstances, is directed to make a representation before the District Magistrate, Darbhanga (respondent No. 4), who is also the Chairman of District Compassionate Appointment Committee, Darbhanga, within a period of four weeks from today, detailing his grievances and delineating his prayer, who, on receipt of the same, shall pass necessary orders of getting the documents of the petitioner placed before the Committee for consideration or any other order/orders, which respondent No. 4 would deem it appropriate in the facts of this case, within a further period of six weeks thereafter.

5. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.04.2019 Transmission Date N/A