Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.821 of 2023 In Civil Writ Jurisdiction Case No.16185 of 2012 ====================================================== Shashi Bhushan Kumar Son of Late Ram Diwas Sinha Resident of Village - Sarkuna, Post Bharatpura, P.S. Dulhin Bazar, District - Patna, Presently Posted As Accounts Clerk, Waster Resources Department Design Division No.1, Anishabad, Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

The Finance Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

4.

The Enginner-In-Chief-Cum- Additional Secretary-Cum- Special Secretary, Water Resources Department, Government of Bihar, Patna. 5.

The Chief Enginner, Water Resources Department, of Bihar, Patna. 6.

The Superintending Engineer, Water Resources Department Design, Planning And Monitoring Circle, Anishabad, Patna. 7.

The Executive Engineer, Water Resources Department, Design Division No. 1, Anishabad, Patna.

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

For the Appellant/s :

Mr. Narendra Kumar, Adv For the Respondent/s :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 16-09-2025 The appellant has assailed the impugned order dated 17.05.2023 passed in CWJC No. 6277 of 2020.

2. Core issue involved in the present lis is whether the appellant is entitled to appointment on compassionate ground to the post of Accounts Clerk or Junior Accounts Clerk. He has been appointed as a Junior Accounts Clerk on 12.11.1999. On the other hand, his grievance is that he is entitled to the post of Accounts Clerk. Firstly, the appellant has not assailed the order

Patna High Court L.P.A No.821 of 2023(4) dt.16-09-2025 2/2 of appointment dated 12.11.1999 to the post of Junior Accounts Clerk with protest or condition to the extent that after joining the post of Junior Accounts Clerk could have challenged the same. On the other hand, he has accepted the order of appointment to the post of Junior Accounts Clerk.

3. That apart compassionate appointment would not provide any right to a particular post. It is social legislation of the State, therefore, compassionate appointment would depend upon the availability of post. As on 12.11.1999 the petitioner was accommodated against the post of Junior Accounts Clerk. Therefore, the appellant is not entitled to the post of Accounts Clerk for merely asking for such post, accordingly, we do not interfere with the order of the learned Single Judge dated 17.05.2023 passed in CWJC No. 6277 of 2020.

4. LPA is dismissed.

5. Pending interlocutory application(s), if any, stands disposed of.

(P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) Jyoti/- U