Aditya Narayan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6976 of 2022 ====================================================== Aditya Narayan Son of late Ram Subhag Singh, Resident of MohallaKankarbagh, Chitragupta Nagar, Patna, Police Station- Patrakar Nagar, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Education, Bihar, Patna. 3.
The Director, Higher Education, Bihar, Patna. 4.
The Patna University through its Registrar, Patna University, Patna. 5.
The Vice Chancellor, Patna University, Patna. 6.
The Registrar, Patna University, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the State :
Mr. Subhash Chandra Mishra, SC-16 For the Patna University :
Mr. Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2025 Heard learned counsel for the parties.
2. By the present writ application, the petitioner seeks quashing of the order as contained in memo no. 491 dated 02.04.2022 issued under the signature Registrar, Patna University Patna, whereby the application of the petitioner or appointment on compassionate ground has been rejected on the ground of over age and also for a direction to the respondent authority to appoint the petitioner suitably on compassionate ground with all consequential benefits as the father of the petitioner died in harness.
2/4 3.
Learned counsel for the petitioner submits that the petitioner submitted an application dated 05.04.2022 to the Vice-Chancellor of the Patna University, duly forwarded by the Principal of the College and the copy of the same was forwarded to the Patna University intimating therein that on earlier occasion the State Govt. has relaxed the age limit for appointment of One Rajendra Prasad Kushwaha, son of deceased employee of late Mathura Mahto, died in harness while being posted as Mali in the B.N. College, Patna University by letter no.14/Mu 13-1089/11 dated 23.05.2022 so the petitioner requested to provide the similar benefit of age relaxation to him. It is further submitted that in view of the policy decision of Department of Personnel and Administrative Reform, Bihar, Patna as contained in letter no.
3/C 2-60117/97Ka-8093/Patna-15 dated 25 July, 1998, the Registrar of the University sent a letter no. 527 dated 15.05.2023 to the Director, Higher Education, Govt. of Bihar, Patna with regard to grant relaxation for appointing the petitioner on compassionate ground.
3/4 Director, Higher Education by his letter no. 183 dated 12.06.2024 which was received by the Department of Education on 26 June, 2024. It is lastly submitted that even after sending the entire record of the deceased father of the petitioner and relevant documents of the petitioner along with application form, the matter is still pending for consideration causing great hardship to the petitioner.
4.
Having heard learned counsel for the parties, in my view, the purpose of the petitioner would be served if a direction is given to respondent no. 3 to dispose of the application/ representation pending before him. Accordingly, I direct respondent no. 3, the Director, Higher Education, Bihar, Patna to pass a reasoned and speaking order within a period of six weeks in accordance with law on the pending application/ representation of the petitioner, considering the fact that one similarly situated person was appointed on the compassionate ground in B.N. College, Patna University as also the circular issued by the State Govt. in this regard.
5.
Needless to say that this court may take serious view of the matter if the order is not complied within the stipulated period as aforesaid.
6.
Considering this fact and circumstances, I direct
4/4 respondent no. 3 to pass reasoned and speaking order within six weeks according to the circular of the State.
7. With the aforesaid direction, this writ application stands disposed of.
(Anjani Kumar Sharan, J) priyanka/- U