Sumit Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2082 of 2021 ====================================================== Sumit Kumar Ram Son of Late Kailash Ram Resident of Village- Chhitraur, Ward No. 16, P.s.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate-cum-Chairman, the District Compassionate Committee, Begusarai 3.

The Civil Surgeon-cum-The Chief Medical Officer, Begusarai 4.

The Deputy Collector, Establishment, District- Begusarai 5.

The Incharge Officer, The District General Branch, Begusarai 6.

The Subdivisional Magistrate, Begusarai, District- Begusarai 7.

The Circle Officer, Matihani, District- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Jha For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-05-2022 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this writ application is being filed against the resolution dated 07.11.2019 of the District compassionate committee, Begusarai, contained in Memo No. 1423, dated 03.12.2019 issued under the signature of the Incharge Officer, the District General Branch, Begusarai, whereby and whereunder, the proposal for appointment of the petitioner on compassionate ground has been rejected on a capricious and cryptic manner.

Patna High Court CWJC No.2082 of 2021 dt.17-05-2022 2/3 This writ application is also being filed for issuance of this writ application is also being filed for issuance a direction to the respondents not to discriminate the petitioner for appointment on compassionate ground on the ground of age determination by the Medical Board, which was not implemented during life time of the father of the petitioner, who was working Chaukidar at the time of his death.

This writ application is also being filed for issuance a direction to the respondents to appointment the petitioner on compassionate ground due to the death of bread earner to his family."

3. On 22.04.2022, following order was passed: "This matter is heard via video conferencing.

Despite giving sufficient time counter affidavit is not forthcoming from the respondents. Therefore, the second respondent, District Magistrate-cum-Chairman of the District Compassionate Committee, Begusarai is hereby directed to appear in person with all records, if the counter affidavit is not filed by next date of hearing.

Re-list this matter on 17.05.2022."

4. Today learned counsel for the State - respondent, on instruction, submitted that petitioner was appointed on

Patna High Court CWJC No.2082 of 2021 dt.17-05-2022 3/3 compassionate ground on 09.05.2022. It is also submitted that certain formalities is required to be completed by the concerned appointing authority while interacting with the family members. If any such formality is required to be completed, the same shall be completed at the earliest. If the petitioner's duty report has not been accepted as on today, the concerned authority is hereby directed to accept joining report within a period of two days from today.

With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 20.05.2022 Transmission Date