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Patna High CourtCWJC/5692/2015dismissed

Sonu Kumar v. The State Of Bihar And ORS

2018-08-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5692 of 2015 =========================================================== SONU KUMAR SON OF LATE KANSHI RAM, RESIDENT OF VILLAGE AND PO BHAINSWA, POLICE STATION MASAURHI, DISTRICT PATNA ... .... Petitioner

Versus

1. THE STATE OF BIHAR

2. THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, PATNA

3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No-2, Advocate For the Respondents : Mr. Manoj Kumar Sinha, AC to GA 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 21-08-2018 The writ petitioner, by filing Interlocutory Application No. 4670 of 2018, has challenged decision of the District Compassionate Committee, Patna dated 30.1.2016, whereby claim of the petitioner has been rejected, taking into consideration the fact that siblings of the petitioner are employed, relying upon the decision of the State Government under letter dated 19.11.2014 bearing Memo no. 15783 of the General Administration Department, Government of Bihar. Validity of the said decision dated 19.11.2014 was subject of consideration before Full Bench of this Court in case of Niraj Kumar Mallick and others Vs. State of Bihar and others, reported in 2018(2) PLJR 951, whereby rejection of such claim based on the aforesaid reason has been found to be valid.

Patna High Court CWJC No.5692 of 2015 dt.21-08-2018 2/2 It is not petitioner's case that the income of his siblings is in any way insufficient to sustain the other legal heirs. Such pleading is not to be found in the writ petition, or I.A.No.4670 of 2018.

This Court finds no reason to interfere with the order dated 30.1.2016 rejecting the claim of the petitioner for compassionate appointment.

The writ petition is therefore devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) Shashi.

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