Sanjay Kumar Dass v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 5837 of 2011 ====================================================== Sanjay Kumar Dass son of Late Susheel Kumar Das, resident of Village - Bishanpur Bahor, P.S. - Begusarai Town, District - Begusarai. .... .... Petitioner

Versus

1. The State of Bihar through the Collector cum Chairman, District Compassionate Committee, Begusarai.

2. The Superintending Engineer, Rural Works Department Circle, Darbhanga.

3. The Executive Engineer, Rural Works Parmandal, Samastipur.

4. The Executive Engineer, Rural Works Pramandal, Begusarai. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kr. Verma For the Respondent/s : AC to SC 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

26-11-2015 Heard Sri Amresh Kumar Verma, learned counsel for the petitioner and learned A.C. to Standing Counsel - 27. The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for quashing of part of Annexure - 6 to the extent whereby the District Compassionate Committee, Begusarai has turned down the request for re-examining the case of the petitioner for his appointment on Class - III post on compassionate ground, whereas, he was already appointed against Class IV post. It was submitted by learned counsel for the petitioner that father of the petitioner, while in service, died in the year 2003 and thereafter, the District Compassionate Committee examined the case of the petitioner and recommended his case for

Patna High Court CWJC No.5837 of 2011 (4) dt.26-11-2015 2/2 appointment against Class IV post. Subsequently, the petitioner was appointed as Class IV employee, however; he represented for consideration of his case against Class III post, which was recommended by the department, but the District Compassionate Committee by the impugned order has rejected the same. In view of the fact that after the death of the father of the petitioner, the petitioner has already been appointed against Class IV post, the Court is of the opinion that while turning down the claim for re-consideration, the District Compassionate Appointment Committee by the impugned order has committed no error. The appointment on compassionate ground is to be provided to provide immediate financial assistance to the family of the deceased employee.

It is admitted case that father of the petitioner died in the year 2003 and thereafter, the petitioner was already appointed against Class IV post in the year 2007. Accordingly, there was no ground for reconsideration of his case for appointment on compassionate ground against Class III post. The writ petition stands dismissed.

(Rakesh Kumar, J.) Anay U