Kuber Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4647 of 2000 =========================================================== Kuber Manjhi, Son of Late Ram Kishun Manjhi, resident of Village-Patkhauli, P.S.-Bijayeepur, District-Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Gopalganj.

3. Block Development Officer, Bijayeepur, Gopalganj. .... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 22950 of 2013 =========================================================== Kuber Manjhi, Son of late Ram Kishun Manjhi, resident of Village-Patkhauli, P.S.- Bijaypur, District-Gopalganj. At present working as peon on daily wages basis in Circle Office, Vijayaipur, P.S.-Vijayaipur, District-Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bihar, Patna.

3. The Principal Secretary, Department of General Administration, Government of Bihar, Old Secretariat, Bihar, Patna.

4. The District Magistrate, Gopalganj, District-Gopalganj.

5. The Sub-Divisional Officer, Sub Division-Hathua, District-Gopalganj.

6. The Circle Officer, Vijaypur, Circle and P.S.-Vijaypur, District-Gopalganj.

7. The Block Development Officer, Block and P.S.-Vijaypur, District-Gopalganj. .... .... Respondent/s =========================================================== Appearance :

(In CWJC No. 4647 of 2000) For the Petitioner/s : Mr. Nityanand Mishra, Advocate For the Respondent/s : Mr. Anil Kumar Singh, Advocate (A.C. to G.P.-4)

Patna High Court CWJC No.4647 of 2000 dt.26-06-2015 2/3 (In CWJC No. 22950 of 2013) For the Petitioner/s : Mr. Nityanand Mishra, Advocate For the Respondent/s : Mr. Kamlesh Kumar Sharma, Advocate (A.C. to S.C.-22) =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 26-06-2015 Heard learned counsel appearing on behalf of the parties.

2. These two writ applications have been filed by the same petitioner, namely, Kuber Manjhi, which are based on almost identical facts and circumstances and, therefore, with the consent of the parties, have been heard together and are being disposed of by the present common judgment.

3. C.W.J.C. No. 4647 has been filed on 19.05.2000, seeking a direction to the respondents-District Magistrate, Gopalganj and Block Development Officer, Bijayeepur, Gopalganj, to appoint the petitioner on compassionate ground on account of the death of his father, who is said to have died on 17.01.1971 in harness, while working as Peon in Ram Nagar Panchayat under Bijayeepur Block. It is not clear from the averments made in the writ application, the nature of employment of father of the petitioner in Ram Nagar Panchayat as Peon. It is

Patna High Court CWJC No.4647 of 2000 dt.26-06-2015 3/3 the case of the petitioner that upon much persuasion, he was engaged to work as Peon in the said Gram Panchayat on payment of a sum of Rs. 20/- in the month of December, 1972. 4.

An application seeking direction for compassionate appointment filed more than 29 years of the death of an employee cannot be entertained at all.

5. In C.W.J.C. No. 22950 of 2013, the same petitioner has sought for a direction to regularize his service as he has been regularly working as Peon in the same Panchayat since 13.12.1972. If this statement is taken to be true, it is almost 43 years for which the petitioner is said to have been working in the said Gram Panchayat. I do not find any reason to issue any direction, as sought for by the petitioner in C.W.J.C. No. 22950 of 2013.

6. In the facts and circumstances, as noted above; these applications have no merit and are, accordingly, dismissed. (Chakradhari Sharan Singh, J) Praveen-II/- U