Akhilesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9428 of 2025 ====================================================== Akhilesh Patel Son of Late Nagendra Raut, Resident of Village and P.O. Patel Nagar Dhaka, Ward No. 21, P.S.- Chhata, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, New Secretariat, Patna.

2.

The Additional Chief Secretary, Rural Works Department, Govt. of Bihar, Old Secretariat, Patna.

3.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Work Circle Motihari, East Champaran.

4.

The Superintendent Engineer, Rural Works Department, Work Circle, Motihari, East Champaran.

5.

The Executive Engineer, Rural Works Department, Work Division, Dhaka, East Champaran.

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

For the Petitioner/s :

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

Mr. U.S.S. Singh, G P-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-06-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed by the petitioner for grant of following reliefs:- " (a). For issuance of an appropriate Writ in the nature of Certiorari for quashing the order as contained in Letter No. 1017 dated 20.10.2022 passed by the Superintendent Engineer, Rural Works Department, Work Circle, Motihari, East Champaran as communicated to the

Patna High Court CWJC No.9428 of 2025(2) dt.23-06-2025 2/3 Executive Engineer, Rural Works Department, Works Division, Dhaka, by which the legitimate claim of the petitioner for his appointment on compassionate ground has been rejected on erroneous ground of limitation.

(b). For issuance of an appropriate Writ in the nature of Mandamus commanding the Respondents to provide appointment to the petitioner on compassionate ground in accordance with law with all consequential benefits.

(c). For issuance of any other relief/s for which the petitioner is entitled in the eye of law and in the facts and circumstances of the case."

3. Learned Counsel for the petitioner submits that the sole grievance of the petitioner is that the order contained in Letter No.1017 dated 20.10.2022, passed by the Superintending Engineer, Rural Works Department, Work Circle, Motihari, East Champaran, be quashed as by virtue of the said letter the request for compassionate appointment has been rejected. Counsel submits that the death of the petitioner's father took place on 30.06.20214 and in collection of papers it takes time and, thereafter, in the year 2022 he has filed application for compassionate appointment on 29.07.2022, which is annexed as

Patna High Court CWJC No.9428 of 2025(2) dt.23-06-2025 3/3 Annexure-P/8.

4. Learned Counsel for the State submits that petitioner himself attached Annexure-P/8, the said application has been filed after lapse of 8 years and the rejection has been made only on the sole ground that the request for compassionate appointment in the prescribed proforma has been made 8 years after death of the petitioner's father.

5. In this view of the matter, this Court is not inclined to interfere in this matter. Accordingly, the writ application stands dismissed.

(Dr. Anshuman, J) Mkr./- U