Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11511 of 2023 ====================================================== Bablu Kumar Son of Late Rajesh Das, Resident of village-Narayanpur PSShakurabad, District-Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, General Administration department, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Health department, Government of Bihar, Patna.

3.

The Director General, Health Services, Govt. of Bihar Patna. 4.

The Divisional Commissioner, Patna Division, Patna. 5.

The District Magistrate cum Chairman, District Compassionate Appointment Committee, Arwal.

6.

The Civil Surgeon cum Chief Medical Officer cum member, District Compassionate appointment Committee, Arwal.

7.

In-charge Medical Officer, Primary Health Centre Sonbhadra Banshi Suryapur, Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Respondent/s :

Mr.Nagendra Pd. Yadav, SC-23 Mrs.Vijaya Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. For a direction in the nature of Mandamus upon the respondents to grant the petitioner appointment on compassionate ground on class-3 post [in the pay scale of 5200-20, 2000 with grade pay- 1900 level-2] in place of class-4 post in view of the fact that the petitioner possess all requisite qualification and fulfills criteria laid down letter no.5958 dated 25-042012. Issued by GAD ii. For a direction upon respondents to grant pay scale of class-3 post to the petitioner with effect from

Patna High Court CWJC No.11511 of 2023(2) dt.19-02-2024 2/2 the date of his initial appointment which was made on class-4 post [office peon] on 03-07-2919 along with all consequential monetary benefits and hold the petitioner's appointment on compassionate ground on class-3 level-2 post.

iii. For a direction to pay difference of salary since 03-07- 2019 to till the date deeming the petitioner's appointment on class-3 post."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate-cum-Chairman, District Compassionate Appointment Committee, Arwal, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate representation is filed by the petitioner, before the District Magistrate-cum-Chairman, District Compassionate Appointment Committee, Arwal, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U