Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.247 of 2021 ====================================================== Avinash Kumar S/o Late Arvind Kumar Prasad, Biological Son of Raj Kishore Singh R/o Vill-Sonbarsa Sah, P.s.-Maniyari, Dist-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Road Construction Department, Govt. of Bihar, Patna.

2.

The District Magistrate Cum Chairman District Compassionate Committee, Muzaffarpur.

3.

The District Establishment Deputy Collector, Muzaffarpur. 4.

The Executive Engineer, Road Construction Department, Road Division No.1, Muzaffarpur.

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

For the Petitioner/s :

Mr. Arun Kumar No. 1, Advocate For the Respondent/s :

Mr. Manoj Kumar Ambastha, SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned counsel for the petitioner is hereby directed to furnish a copy of the petition to learned counsel for the Staterespondents. In the instant petition, petitioner has prayed for the following reliefs:- "For setting aside the Executive order dated 15.05.2020 passed by the District Compassionate Establishment Muzaffarpur with regard to Resolution No. 19 contained in Annexure2 whereby and whereunder the claim of the petitioner for compassionate

Patna High Court CWJC No.247 of 2021 dt.12-01-2022 2/2 appointment has been refused merely on technical ground that petitioner has not produced adoption deed in time along with application form, rather it was subsequently produced on 11.09.2020 (Annexure-1) and prayed for review of the aforesaid decision taken on this technical ground only, and further for issuance of writ in the nature of mandamus, directing the Respondents to appoint this petitioner on compassionate ground considering his adoption deed contained in Annexure9 of this writ petition within a short fixed period and further for issuance of any other writ or writs, direction or directions as it may be deemed fit and proper to these facts and circumstances of this case."

Learned counsel for the petitioner on instruction submitted that the petitioner has preferred a review petition before the second respondent, i.e., the District Magistrate, Muzaffarpur. Therefore, the concerned respondent is hereby directed to decide the petitioner's review within a period of one month from the date of receipt of this petition.

With the aforesaid observations, the writ petition stands disposed off.

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