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Patna High CourtCWJC/4344/2016dismissed

Ajeet Kumar Singh v. The State Of Bihar And ORS

2018-02-09Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4344 of 2016 =========================================================== Ajeet Kumar Singh, Son of late Suryadeo Singh, Resident of Village- Mahisaur PS Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar,Patna.

2. The District Magistrate, Gaya

3. Additional Collector-cum-Secretary, District Compassionate Appointment Committee, Gaya.

4. District Establishment Deputy Collector, Gaya.

5. The Executive Engineer, Public Health Division, Gaya.

6. Assistant Engineer, Public Health Division Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ravindra kumar, Adv. For the Respondent/s : Ms. Abhanjali, AC to GA-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 09-02-2018 Heard the parties.

The petitioner claims compassionate appointment in place of his father who died in harness on 9.5.2008 while working as Tube-well Mistry in the Public Health Sub-Division, Gaya. Ms. Abhanjali, learned Assisting Counsel to Government Advocate No.12 in reference to the statement present at paragraph 4 of the counter affidavit submits that the claim of the petitioner for compassionate appointment has been rejected because he did not fulfill the eligibility criteria in so far as the educational qualification is concerned. She submits that whereas the educational qualification prescribed for appointment on Class 4 post is a Matriculate, the

Patna High Court CWJC No.4344 of 2016 dt.09-02-2018 petitioner has studied only up to Class VIII and thus in terms of the resolution dated 31.3.2011 of the Finance Department the claim was rejected by the District Compassionate Appointment Committee, Gaya vide order passed on 17.7.2014. No cause for indulgence is made out in the circumstances explained.

The writ petition is dismissed.

(Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2018 Transmission Date NA