← Library
Patna High CourtCWJC/19163/2014disposed

Rupesh Kumar Rai v. The State Of Bihar And ORS

2019-07-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19163 of 2014 ====================================================== Rupesh Kumar Rai, Son of Late Ram Shreshtha Rai, resident of VillageGangapur, P.O.- Vaini, P.S.- Pusha, District- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Samastipur 2.

The Collector, Samastipur 3.

District Officer (Establishment), Samastipur Collectriate, Samastipur 4.

Prakhand Vikash Padhadhikari, Pusha, District- Samastipur 5.

Mr. Pankaj Kumar, S/o Late Ram Shreshtha Rai, resident of VillageGangapur, P.O.- Vaini, P.S.- Pusha, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar, Advocate For the Respondent/s :

Mr.Subodh Kumar, AC to SC-26 For respondent no.5 : Mr. Yugal Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and the State as well as private respondent no.5.

2. The respondent no.5 was appointed on compassionate ground after the death of his father.

3. The present writ application has been filed by the petitioner raising the grievance therein that by concealment of fact as to pendency of criminal case, the respondent no.5 obtained appointment on compassionate ground. He submits that the petitioner is more qualified than respondent no.5 and he has no criminal antecedent and, as such, he has better claim for appointment on compassionate ground.

Patna High Court CWJC No.19163 of 2014(4) dt.03-07-2019 2/2

4. Compassionate appointment is not a reservation. It is only the process to tide over the financial crisis occasioned due to death of employee in harness.

5. Considering the aforesaid, the Court is not inclined to give any position direction for consideration of the case of the petitioner for appointment on compassionate ground.

6. So far as concealment of criminal case for appointment on compassionate ground of respondent no.5 is concerned, the petitioner may approach the competent authority, who would consider the same in accordance with law.

6. With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U