Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8608 of 2019 ====================================================== Amarjeet Kumar Son of Late Jairam Singh R/o Village-Dumari Bujurg, P.S.- Nayagaon, District-Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Madhepura 3.

The National Highway Authority of India 4.

The Union of India ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindyachal Singh, Sr. Advocate Mrs. Smirti Singh, Advocate Mr. Vipin Kumar Singh, Advocate Mr. J. Girdhar, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-09-2023 Heard learned Senior Counsel for the petitioner and the State.

2. This application has been filed for the following reliefs:

(i) for issuance of writ in the nature of certiorari for quashing of the part of the proceeding of meeting of the District Compassionate Committee dated 11.06.2018 under the Chairmanship of the District Magistrate- cumChairman, District Compassionate Committee and communicated to the petitioner vide letter no. 950 dated 09.07.2018 whereby the case of the petitioner for compassionate appointment has been

Patna High Court CWJC No.8608 of 2019(3) dt.21-09-2023 2/3 rejected;

(ii) for issuance of the writ in the nature of mandamus for commanding the respondents to appoint the petitioner on any suitable class III post by taking into consideration his educational qualification in the background of the fact that the father of the petitioner died leaving behind the widow (mother of the petitioner), the petitioner (unemployed), one miner brother of the petitioner and two sisters including one minor as well as two elder brothers of the petitioner though employed in the Indian Air Force but living separately from the life time of the father of the petitioner;

(iii) for issuance of writ in the nature of mandamus or any other appropriate writ for holding that the impugned order passed in the proceeding of the meeting of the District Compassionate Meeting, Madhepura held on 11.06.2018 with respect to the petitioner is illegal and unsustainable as the claim for compassionate appointment of the petitioner was rejected on the ground that his two elder brothers are working in the Indian Air Force without considering the relevant aspect that they have been living separately from the life time of the father and no taking the care of widow/mother or the petitioner or his miner brothers and sisters;

(iv) For holding that the petitioner is entitled to be appointed on compassionate ground as he has moved and application for appointment

Patna High Court CWJC No.8608 of 2019(3) dt.21-09-2023 3/3 before the respondent authority after the death of his father in harness and he has no source of income for livelihood.

3. Learned Senior counsel for the petitioner submits that it will suffice if liberty is given to agitate his grievance before the appropriate authority.

4. The writ application stands disposed of with the aforesaid liberty.

(Rajiv Roy, J) Jagdish/- U