Miss Pinki Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18635 of 2008 ====================================================== Miss Pinki Kumari, D/o late Lakhindra Prasad Singh, resident of village Kolwara, P.S. Saraiya, O.P. Jaitpur, District Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through the Home Secretary, Old Secretariat Building, Baily Road, Patna

2. The Director General of Police, Old Secretariat Building, Baily Road, Patna

3. The Dy. Inspector General of Police at Darbhanga

4. The Superintendent of Police, Samastipur

5. The District Magistrate, Samastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. (Sc21) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 28-07-2015 No one appears for the petitioner. Learned counsel for the State is present.

This Court on finding that the case of appointment of the petitioner on compassionate ground was duly considered and she was found fit for being appointed on the post of Constable, it would not like to now go into the aspect as to whether the appointment of the petitioner ought to have been made on the post of Clerk in Police Department. There is no question of choice given in the matter of compassionate appointment and wherever employer finds vacancies such appointment has to be made. It is the case of the respondents in the counter affidavit that there are very limited number of post of clerk in the Police

Patna High Court CWJC No.18635 of 2008 (2) dt.28-07-2015 Department and as such, the petitioner was offered appointment on the post of Constable and if she did not like it, it was for her to leave that post but then she cannot claim any right for appointment on the post of clerk.

That being so, this application is wholly misconceived and is, accordingly, dismissed.

(Mihir Kumar Jha, J) surendra/- U