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Patna High CourtCWJC/1502/2016disposed

Renu Devi And ANR v. The State Of Bihar And ORS

2019-01-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1502 of 2016 ======================================================

1. Renu Devi Wife of Late Kaushal Ram, Resident of New Yarpur, Janta Road, Gautam Nagar, P.O.-G.P.O., P.S.-Gardanibagh, Dist.-Patna

2. Mohan Kumar Son of Late Kaushal Ram Resident of New Yarpur, Janta Road, Gautam Nagar, P.O.-G.P.O., P.S.-Gardanibagh, Dist.-Patna ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Labour, Govt. of Bihar, Patna (Bihar)

2. The Labour Commissioner, Govt. of Bihar, Vikash Bhawan, Patna-1

3. The Canteen Manager, Old Secretariat, Canteen, Patna

4. Sonu Kumar, son of late Kaushal Ram, Resident of Village - Jamunapur, Chain Tola, PO - Madhomillu, PS - Malsalami, District - Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Krishna Bariar For the Respondent/s :

Mr.Arvind Ujjwal- Sc25 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 10-01-2019 Heard learned counsel for the petitioner and the respondent-State.

2 It is submitted by the learned counsel for the State that claim of the petitioner for compassionate appointment of petitioner No 2 on account of death of his father Kaushal Ram in harness while posted as Service Boy under respondent No 3 that is Canteen Manager, Old Secretariat Canteen, Patna, is pending. 3 The issue is pending consideration before the authorities. Such stand has also been taken in paragraph 17 of the counter affidavit.

Patna High Court CWJC No.1502 of 2016 dt.10-01-2019 2/2 4 In view of such stand, this Court would only observe that such claim on account of compassionate appointment should not be kept pending inordinately as such pendency has the effect of frustrating the very object of compassionate appointment. The father of petitioner No 2 has died in harness on 09.07.2015. However, till date, respondents have not taken any decision on the claim of the petitioner for compassionate appointment. 5 This Court would only observe that the respondents should take a final decision on the claim of the petitioner expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order. 6 The writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.01.2019 Transmission Date NA