Sanjeev Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19260 of 2014 ====================================================== 1.

Sanjeev Kumar, Son of Late Laxman Kumar Singh, resident of VillageMani, P.S.- Bikramganj, District- Rohtas. 2.

Sharda Kunwar, Wife of Late Laxman Kumar Singh, resident of VillageMani, P.S.- Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Engineer-in-chief, Water Resources Department, Government of Bihar, Patna.

4.

The Chief Engineer, Water Resources Department, Supaul. 5.

The Executive Engineer, Water Resources Department, Birpur Division, Supaul.

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

For the Petitioner/s :

Mr. Yash Anand, Advocate For the State :

Mr. Shankar Kumar, AC to AAG 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HARISH KUMAR) Date : 05-12-2022 Heard Mr. Yash Anand, learned counsel appearing on behalf of the petitioners and Mr. Shankar Kumar, learned AC to AAG 7 for the State.

2. The grievance of the petitioners is with regard to the appointment on compassionate ground on account of the death of his father Late Laxman Singh, who was serving as a Chaukidar died in the year 2007 itself.

Patna High Court CWJC No.19260 of 2014 dt.05-12-2022 2/2

3. A counter affidavit has been filed on behalf of learned counsel for the State and by referring to the statement made in the counter affidavit, it is submitted that the father of the petitioners has never been absorbed in the services rather he was working as a daily wages and as such the claim of the petitioners can not be considered on compassionate ground. It is the further stand of the State that no other similarly situated person has ever been regularized on the said post.

4. Considering the submissions made on behalf of the petitioners and also taking into consideration the fact that the father of the petitioners died in the year 2007 itself and the said application has been filed after a delay of more than seven years, it appears that no cause of action survives.

5. In view of the aforesaid, the present writ application stands dismissed having no merit.

(Ahsanuddin Amanullah, J) (Harish Kumar, J) Arish/- AFR/NAFR U T