Shubham Kumar Shrivastava @ Subham Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10881 of 2015 ====================================================== Shubham Kumar Shrivastava @ Subham Kumar Son of Late Satish Kumar Sinha R/o Village- Majhawalia, P.S- Siwan Muffassil, District- Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, General Administration Department, Government of Bihar, Patna.

2.

The District Magistrate-cum-District Compassionate Appointment Committee, Siwan 3.

The Block Development officer, Basantpur Block, District- Siwan 4.

The Sub- Divisional officer, Sadar Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate.

For the State :

Mr. Sarvesh Kumar Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "i, For setting aside decision dated 04.08.2014 of the District Compassionate Appointment Committee, Siwan as contained in Memo No.

826/Establishment, Dated 25.08.2014 issued with the signature of the District Magistrate, Siwan, whereby the petitioner's application for compassionate appointment was rejected on the ground that he or his mother failed to produce any registered document of Adoption of the petitioner

Patna High Court CWJC No.10881 of 2015(3) dt.15-09-2023 2/3 by Late Satish Kumar Sinha in term of provisions of Hindu Adoption and Maintenance Act, 1956.

ii. For a further direction to the District Compassionate Appointment Committee, Siwan, to re consider the case of the petitioner and appoint him on appropriate post on compassionate ground on account of death in harness of his adoptive father Late Late Satish Kumar Sinha."

2.

At the outset, the learned counsel for the respondent-State has pointed out that the petitioner claims to be the adopted son of the deceased-employee, who died way back in the year 2007, however, no proof of adoption has been placed before the respondent-authorities, especially in view of objection raised by the married daughter of the deceased-employee to the effect that the petitioner is neither the son nor the adopted son of the deceased-employee.

3.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of

Patna High Court CWJC No.10881 of 2015(3) dt.15-09-2023 3/3 the petitioner to approach the learned Civil Court of competent jurisdiction for obtaining a declaration regarding him being legally adopted son of the deceased-employee, namely, late Satish Kumar Sinha and thereafter seek redressal of his subsisting grievances, in accordance with law. Liberty so sought is granted.

4.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U