Md. Warish v. The Municipal Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17545 of 2014 ====================================================== Md. Warish, son of late Md. Salim, resident of Village/Mohalla Sadiquepur Machhuatoli, P.S. Alamganj, Dist. Patna.

.... .... Petitioner/s

Versus

1. The Municipal Commissioner, Patna Municipal Corporatioin, Maurya Lok Buddh Marg, Patna.

2. The Executive Officer, Patna City Anchal, P.M.C. Patna.

3. The Finance and Account Controllers, P.M.C., Maurya Lok Buddh Marg, Patna.

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. Hargovind Singh Himkar ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 22-06-2015 Heard learned counsel for the parties.

Having regard to the solitary relief sought in this writ application as with regard to the compassionate appointment of the petitioner, this Court, in absence of a counter affidavit, would not be in a position to issue any firm direction. It is really unfortunate to note that even when this writ application was filed on 13.10.2014 after serving two copies of the writ application on the learned counsel for the Patna Municipal Corporation, no counter affidavit has been filed in a period of more than eight months.

Be that as it may, the petitioner claims that his father, working as a Sweeper, had died in harness on 8.6.2013 and that his application for appointment on compassionate ground, though

Patna High Court CWJC No.17545 of 2014 (2) dt.22-06-2015 filed within time, has not been disposed of as yet. Considering that there is no denial to this fact, this Court would direct the respondent Corporation to consider the case of the petitioner for appointment on compassionate ground strictly in accordance with the policy that it has been following and take a decision within a period of three months from the date of receipt/production of a copy of this order. It is, however, made clear that whatever decision has to be taken must be communicated to the petitioner within the aforesaid period of three months.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U