Shiv Dayal Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5229 of 2016 ====================================================== Shiv Dayal Paswan S/o Late Bhattu Paswan resident of village - Kamalpur, P.O. + P.S. Neemchak Bathani, District - Gaya .... .... Petitioner

Versus

1. The State of Bihar through through the Chief Secretary Govt. of Bihar

2. Principal Secretary Home, Govt. of Bihar, Patna

3. District Magistrate, Gaya

4. Superintendent of Police, Gaya

5. S.H.O. Neem Chak Bathani, District - Gaya

6. Circle officer Neem Chak, Bathani, District - Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Respondent/s : Mr. Gp13- Nasim Yahya ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-03-2018 Learned counsel for the parties are present.

The petitioner prays for appointment on the post of Chaukidar in place of his father by way of compassionate appointment.

A counter affidavit has been filed after service on the learned counsel for the petitioner on 3.10.2016 and in which at paragraph 8 it is stated that the father of the petitioner was dismissed from service in the year 1988 and died in the year 1989. The said fact confirms two issues, namely, (i) that the petitioner is not entitled to compassionate appointment considering that his father was dismissed from service and (ii) an issue raised after almost 26 years of expiry of the father cannot be granted

Patna High Court CWJC No.5229 of 2016 (3) dt.22-03-2018 indulgence.

The writ petition is dismissed.

(Jyoti Saran, J) Surendra/- U