Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15618 of 2021 ====================================================== Bhushan Kumar Son of Late Rambriksha Choudhary, Resident of Line Bazar, Dak Bangla Chowk, Rajnagar, Purnea, District-Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Engineer in Chief, Road Construction Department, Government of Bihar, Patna. 2.

The District Magistrate, Purnea.

3.

The Superintending Engineer, R.C.D. Division, Purnea. 4.

The Executive Engineer, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Upadhyay, Advocate For the Respondent/s :

Mr. Syed Iqbal Ahmad (SC 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-03-2022 Heard learned counsel for respective parties. Learned State counsel accepts notice for respondents. Learned counsel for the petitioner is hereby directed to furnish a copy of the petition to learned counsel for the State if it is not already furnished.

In the instant petition, petitioner has prayed for the following reliefs:- "To grant compassionate appointment to the petitioner on account of death of to to his father in harness who was a govt. driver in Road Construction Depar tment Purnea Division, Purnea and it is further prayed that the remaining pensionary benefits may kindly be directed to be settled in the ser-

Patna High Court CWJC No.15618 of 2021 dt.09-03-2022 2/2 vivors of his father and/or any other order/ orders may be passed in the facts and circumstances of the case."

Petitioner's father died on 22.03.2019. Petitioner submitted application for compassionate appointment on 08.11.2019 followed by reminder on 25.02.2020. There is an inaction on the part of the third respondent in not considering the petitioner's grievance. The very object of providing compassionate appointment is to meet the harness in the family. The petitioner's father died on 22.03.2019 and petitioner submitted application on 08.11.2019, therefore, the respondent no. 2, the District Magistrate, Purnea is hereby directed to decide the petitioner's application for compassionate appointment dated 08.11.2019 followed by reminder dated 25.02.2020 within a period of three months from the date of receipt of this order failing which the petitioner is entitled to litigation cost and it is quantified @ Rs. 25,000/- it shall be borne from the pocket of concerned authority and not from the Department.

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

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