Patna High CourtMJC/1751/2015dismissed

Vikram Kumar v. The State Of Bihar And ORS

2016-04-27Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1751 of 2015 IN Civil Writ Jurisdiction Case No. 2320 of 2015 =========================================================== Vikram Kumar, son of Late Narendra Kumar (Ex. Jr. Engineer, PHED) at ward No.14, Shivpuri, near Satsang Bhawan, Saharsa, Post & District- Saharsa-852201. .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Shishir Kumar Sinha, IAS, the Principal Secretary, Public Health & Engineering Department, Government of Bihar, Patna.

3. Sri Rashos Ji Ram, Chief Engineer (Mechanical), Public Health Engineering Department, Government of Bihar, Patna.

4. Sri Janeshwar Kumar, Superintending Engineer, Public Health Circle, Saharsa At & P.O., Saharsa, District Saharsa.

5. Sri Shashi Bhushan Kumar, District Magistrate-cum-Chairman, District Compassionate Committee, Saharsa.

6. Sri K.K. Narain, Executive Engineer, Public Health Division, Saharsa, At & P.O.- Saharsa, District- Saharsa.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioner :

Mr. Subodh Kumar Jha, Advocate For the Opp. Parties :

Mr. Kumar Alok, S.C.8 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 27-04-2016 Perused the show-cause filed on behalf of the opposite party. Taking into consideration the stand of the opposite party in the show-cause about lack of availability of posts in view of the percentage so fixed for compassionate appointment, the right of the petitioner for compassionate appointment, not being a fundamental right, can only be implemented against the vacancy so available. If the offer so made to the petitioner is not acceptable, he can join the rat race on his own merit.

Patna High Court MJC No.1751 of 2015 dt.27-04-2016 2 / 2 Contempt application is dismissed.

(Ajay Kumar Tripathi, J.) SanjayKumar/- AFR/NAFR NAFR CAV DATE Uploading Date 28.04.2016 Transmission Date