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Patna High CourtCWJC/15322/2019dismissed

Ajay Kumar Ray v. The State Of Bihar

2019-08-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15322 of 2019 ====================================================== Ajay Kumar Ray S/o Late Jimdar Ray Resident of Village-Belwa Prari, P.S.- Majorganj, District-Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Collector, Sitamarhi 2.

The District Collector Sitamarhi 3.

The Superintendent of Police Sitamarhi 4.

The Sub Divisional Officer Sitamarhi 5.

The Circle Officer Majorganj, Sitamarhi 6.

The Officer-in-Charge P.S. Majorganj, District-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Respondent/s :

Mr. Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-08-2019 The petitioner is aggrieved by the rejection of his name for being appointed on compassionate ground for the reasons of delay.

It appears from the impugned order that the father of the petitioner died in the year 2004 and after about ten years of his death, an application was filed for considering the case of the petitioner on compassionate ground.

The rules with regard to compassionate

Patna High Court CWJC No.15322 of 2019(2) dt.01-08-2019 2/2 appointment is very clear that such claim could not be considered after five years of the death of the employee in harness. Even the ground of the petitioner being minor at the time of death of his father also cannot come to his avail as he became major in the year 2011. The purpose of compassionate appointment is to provide succour to the family in distress and it cannot be taken to be a mode of appointment or a backdoor through which any person could be appointed. The delay in itself is a malady which cannot be condoned. There is no merits in the writ petition and therefore it is dismissed.

(Ashutosh Kumar, J) Shageer/- U