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Patna High CourtCWJC/22398/2013dismissed

Madan Kumar Paswan v. The State Of Bihar And ORS

2023-06-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22398 of 2013 ====================================================== Madan Kumar Paswan Son of Late Nago Paswan Resident of Village Chhoti Balia, P.S. Balia, District Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Secretary, Personnel and Administrative Department, Bihar, Patna 2.

The District Compassionate Appointment Committee, District- Begusarai 3.

The District Collector, Begusarai 4.

The In-Charge Officer, District Personnel Department Collectarite Of Begusarai, Begusarai 5.

The Sub-Divisional Officer, Balia, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Kumar, Adv.

For the Respondent/s :

Mr.Vinay Kriti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2023 The present writ petition has been filed for directing the respondents to consider the application of the petitioner for appointment on compassionate ground, in view of death of his father, who died in harness on 08.01.2004.

Admittedly, the petitioner has filed an application for appointment on compassionate ground, before the respondentauthorities after lapse of nine years i.e. on 25.01.2013, which in any view of the matter is time barred inasmuch as the prescribed time period for filing such an application, as per the rules and regulations of the Government of Bihar, more particularly as prescribed in letter no. 2822 dated 27.04.2005, issued by the

Patna High Court CWJC No.22398 of 2013(2) dt.22-06-2023 2/2 Personnel and Administrative Reforms Department, Bihar, Patna, is five years from the date of death in harness of the concerned employee.

Having regard to the facts and circumstances of the case as also considering the admitted position that the petitioner has filed an application for appointment on compassionate ground, after expiry of the prescribed time period for filing the same, apart from the fact that fifteen years have already lapsed from the date of death of the father of the petitioner, I do not find any merit in the present writ petition, hence the present writ petition stands dismissed.

(Mohit Kumar Shah, J) sonal/- U