Subodh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3786 of 2015 ===========================================================

1. Subodh Kumar Son of Late Ram Nath Singh, Resident of Village Chakharinam, P.O. Bhanborhan, P.S. Mahua, District Vaishali at present C/O Shri Ram Pramod Singh, Village & P.O. Sheodaspur, P.S Katra, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Home Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Inspector General (Prison), Government of Bihar, Patna.

3. Deputy Collector (Establishment), Patna

4. The Jail Superintendent of Central Jail, Beur, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mrs. Rekha Prasad For the Respondent/s : Mr. ARVIND KUMAR NO. 2- SC17 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-03-2015 A K Tripathi, J.

There is a dispute within the family members as to who should beget the benefit of compassionate appointment as would be evident from reading of Annexure-11 dated 7.3.2011, passed by the IG (Prison), Government of Bihar.

2. The only way such dispute can be set to rest is provided the so-called claimant or the legal heirs should obtain a succession certificate from the civil court of competent jurisdiction.

3. It goes without saying that if succession certificate is obtained by a legal heir then appropriate decision on the claim of such beneficiary would be required to be taken within a reasonable timeframe by the competent authority.

Patna High Court CWJC No.3786 of 2015 dt.17-03-2015 2 / 2

4. Writ application is disposed of with above observation. (Ajay Kumar Tripathi, J) R.K.Pathak/- U