Manbodh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7351 of 2023 ====================================================== Manbodh Tiwari, S/o Late Sriniwas Tiwari, residing at Muhalla - New Gangauli, Ward no. - 7, P.O. and P.S.- Dalmianagar, District - Rohtas - 821305.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna.

3.

The Collector, Rohtas.

4.

The Executive Officer-cum-Member Secretary, Nagar Parisad, DehriDalmianagar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Chandra, Adv.

For the Respondent/s :

Mr. Kinkar Kumar, SC-9 For the Resp. No. 4 Mr. Avinash Kumar, Adv.

Mr. Kumar Satyam, Adv.

Mr. Ajay Kumar Mehta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2025 Heard the parties.

2. The petitioner has approached this Court seeking issuance of a writ in the nature of mandamus directing the concerned respondents to take a final decision in the matter of appointment on compassionate ground in favour of the petitioner whose father died in harness while working as an Assistant Clerk under Nagar Parishad Dehri, Dalmiyanagar.

3. Mr. Krishna Chandra, learned Advocate for the petitioner submitted that after unfortunate demise of the father, the petitioner immediately submitted his application for

Patna High Court CWJC No.7351 of 2023(2) dt.22-07-2025 2/3 appointment on compassionate ground on 30.05.2016. Having completed all the paraphernalia, the application of the petitioner alongwith all the necessary documents were sent to the concerned department and thereafter, the matter has been placed before the District Magistrate, Rohtas but, unfortunately, till date, no final decision has been taken, compelling the petitioner to approach before this Court.

4. Mr. Avinash Kumar, learned Advocate for the Nagar Parishad, Dehri, Dalmiyanagar submitted that the entire record related to the appointment of the petitioner on compassionate ground has already been sent to the concerned office of the District Magistrate, but, till date, the meeting could not be held and thus, the delay has occurred.

5. Learned Advocate for the State submits that the claim of the petitioner shall be considered in accordance with law.

6. Before parting with the case, it would be pertinent to state here that the very object of compassionate appointment is to give immediate succor to the bereaved family whose bread winner died in harness, leaving the entire family in destitution and penury. In the aforesaid premise, any application for compassionate appointment is required to be taken up and bring

Patna High Court CWJC No.7351 of 2023(2) dt.22-07-2025 3/3 to its logical conclusion expeditiously.

7. However, this Court finds that the application of the petitioner is pending for over a period of nine years and, as such, in any circumstances the same is required to be brought to its logical conclusion in accordance with law, preferably within a period of 12 weeks' from the date of receipt/production of a copy of this order.

8. Suffice it to observe that the District Magistrate, Rohtas shall adhere to the period prescribed herein, since much delay has already occurred.

9. The writ petition stands disposed.

(Harish Kumar, J) supratim/- U