Patna High CourtCWJC/10898/2008dismissed

Hemant Kumar v. The State Of Bihar And ORS

2015-04-27Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10898 of 2008 =========================================================== Hemant Kumar, son of Late Chandrakant Paswan, resident of village-Silao Dih, P.S.-Silao, District-Nalanda. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The District Magistrate-cum-Chairman, District Compassionate Committee, District-Nalanda. .... .... Respondents. =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL JUDGMENT Date: 27-04-2015 No one appears for the petitioner. Learned counsel for the State is present.

Heard.

The father of the petitioner died in harness while working as Amin in the district of Nalanda. Petitioner applied for compassionate appointment and it was considered by the District Compassionate Appointment Committee, Nalanda who recommended for petitioner's appointment for Class-IV post of Daftari. Petitioner accepted that appointment but under protest. According to the petitioner, he had passed B.A. Part-II examination. He was, thus, entitled to be considered for Class-III post. He stated that several other such persons were also granted compassionate appointment on Class-III post.

There is a counter affidavit by the State wherein they have categorically stated that all those persons who have been appointed on compassionate ground on Class-III posts were

Patna High Court CWJC No.10898 of 2008 dt.27-04-2015 - 2 - graduates. Petitioner has passed intermediate examination in arts in third division and has studied only up to B.A. Part-II and did not complete his three years graduation course. Considering the academic qualification, he was ineligible for Class-III post. Having considered the matter, in my view, in view of the averments as made in the counter affidavit, the writ petition merits no consideration, especially when there is no rejoinder to the counter affidavit.

In that view of the matter, the writ petition is dismissed.

(Navaniti Prasad Singh, J.) Trivedi/NAFR U