Chandan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20260 of 2014 ====================================================== Chandan Kumar Son of Late Ramashish Thakur Resident of Village - Berhna, P.O. - Malhara, P.S. - Dhibra, District - Aurangabad. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Director, Department of Education, Government of Bihar, Patna.

3. The District Magistrate-cum-Chairman, District Compassionate Committee, Aurangabad.

4. The District Education Officer, Aurangabad.

5. The District Programme Officer (Establishment), Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Arvind Kumar Singh, AC to SC-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 01-08-2018 The present writ application involves the issue of non-consideration of the case of the petitioner for appointment on compassionate ground.

2. Learned counsel for the petitioner submits that father of the petitioner died in harness on 17.09.2011. Thereafter, the petitioner has submitted an application for compassionate appointment within the prescribed time and the case of the petitioner was considered by the Headmaster of the school and the Headmaster of the school forwarded the application of the petitioner for compassionate appointment.

Patna High Court CWJC No.20260 of 2014 dt.01-08-2018 2/3

3. Learned counsel submits that even after five years, the respondents have not taken any decision on the claim of the petitioner.

4. The idea behind the compassionate appointment is to provide social security and the respondents are required to consider the case of the eligible candidates for compassionate appointment at the earliest so that family of the deceased employee may tide over the economic crisis occasioned on account of untimely death of the bread earner. The respondents are not justified in keeping the case of the petitioner pending for the last five years.

5. Under such circumstances, the writ petition is disposed of with direction to the District Education Officer, Aurangabad to place the case of the petitioner before the District Compassionate Appointment Committee within a period of 30 days from the date of receipt/production of a copy of this order.

6. The District Compassionate Appointment Committee is expected to take final decision on the claim of the petitioner within a maximum period of two months from the date of recommendation of the District Education Officer, Aurangabad.

7. The entire exercise with regard to completion of

Patna High Court CWJC No.20260 of 2014 dt.01-08-2018 3/3 formality for compassionate appointment may be completed by the respondents within a period of four months.

8. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.08.2018 Transmission Date