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Patna High CourtCWJC/19503/2014dismissed

Nitu Singh @ Neelam Singh v. The State Of Bihar And ORS

2022-12-05Mr. Justice Harish Kumar,Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19503 of 2014 ====================================================== Nitu Singh @ Neelam Singh, D/o late Ramesh Singh @ Ramesh Shankar Singh, w/o Raghwendra Kumar Singh @ Pappu Kumar Singh, Resident of village- Sindhiya Sagar, Police Station- Banjariya, District- Motihari East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Motihari (East Champaran). 3.

The Block Development Officer, Mehsi Block, Police Station- Motihari District- East Champaran.

4.

Mosmat Nisha Kumari @ Devi, w/o late Navneet Kumar, present addressKendriya Prapti and Preshashan Shakha, Collectriate Office, Motihari East Champaran.

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Respondent/s :

Mr. Sanjay Kumar, AC to SC-15 ====================================================== 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. Anil Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar, AC to SC-15 for the State.

2. The present writ application has been filed seeking a direction upon the respondent authorities to appoint the petitioner on the basis of compassionate appointment.

3. It is contended on behalf of the learned counsel for the petitioner that the father of the petitioner died in harness on 30.07.2010 and on account of his death, compassionate appointment was offered to his elder son, namely, Navneet Kumar.

Patna High Court CWJC No.19503 of 2014 dt.05-12-2022 2/2 However, subsequently, said Navneet Kumar also died and the wife of the said Navneet Kumar was offered the appointment on compassionate basis. It is further contended that the petitioner being the daughter of the original employee, she should be given the benefit of compassionate appointment, instead of the wife of Navneet Kumar.

4. Learned counsel for the State submits that since the elder son of the erstwhile employee had appointed on compassionate ground and he was substantively appointed on the said post and thereafter on account of his death, the wife of elder son has rightly been appointed on compassionate ground.

5. In view of the submissions made on behalf of the learned counsel for the State, this Court does not find any illegality in the appointment of the wife of said Navneet Kumar.

6. Accordingly, the present writ application sans any merit and hence it is dismissed.

(Ahsanuddin Amanullah, J) (Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.12.2022 Transmission Date NA