Patna High CourtCWJC/498/2016disposed

Akhileshwar Kumar v. The State Of Bihar And ORS

2017-05-11Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.498 of 2016 ====================================================== Akhileshwar Kumar Son of Late Chandrika Ram, Resident of Village - Ranha, P.O. - Suryapur, Police Station - Pujahan Patjirwa, District - West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna.

3. The Superintending Engineer, Rural Works Department, Works Anchal, Bettiah, District - West Champaran,.

4. The Executive Engineer, Rural Works Department, Works Division, Bettiah, District - West Champaran.

5. The District Establishment Committee through its Chairman, the District Magistrate, Bettiah, District - West Champaran. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Adv. For the Respondent/s : Mr. Partha Sarthi, GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-05-2017 Heard Mr. Bashishtha Narayan Mishra, learned counsel appearing for the petitioner and Mr. Partha Sarthi, learned GA-4, for the State.

The petitioner seeks appropriate direction in the nature of mandamus to the District Establishment Committee, West Champaran at Bettiah to consider the case of the petitioner for appointment on compassionate ground on Class III post. According to the petitioner, he was forced to accept Class IV post. Having heard learned counsel for the parties and considering that the appointment was provided to the petitioner vide order dated 10.3.2008 and the petitioner has willingly

Patna High Court CWJC No.498 of 2016 (2) dt.11-05-2017 accepted the same without raising any murmur, I am not persuaded to grant any relief to the petitioner almost after nine years of having accepted the appointment. Should the petitioner seek appointment on Class III post, it would be open to him to strive for it departmentally as and when such examination is held. The writ petition is disposed of.

(Jyoti Saran, J) Surendra/- U