Vinay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3035 of 2014 =========================================================== Vinay Kumar Singh Son Of Late Awadhesh Prasad Singh Resident Of VillageTenghara, Post- Malaypur, District- Jamui .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Environment And Forest, New Secretariat, Patna

2. The Chief Conservator Of Forest, New Secretariat, Patna

3. The Divisional Forest Officer, Munger Forest Division, Munger

4. The Conservator Of Forest, Animal Division, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Respondent/s : Mr. SC-11 Ashok Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-11-2015 *************** 09.11.2015 Heard learned counsel for the parties.

Petitioner was appointed on a Class-IV post way back on 16.10.2001. He has filed the writ application for a direction upon the respondents that initially his recommendation was for a Class-III post, but the respondent-authorities have appointed him on ClassIV post, contrary to his right and recommendation. The stand of the respondents is that the selection and appointment on compassionate ground was done in view of the prevalent position and opening available in the department. He has no right for being appointed on Class-III post that too in a compassionate

Patna High Court CWJC No.3035 of 2014 dt.09-11-2015 2/2 category as a matter of routine.

The object of compassionate appointment has already been made by offering an opening to the petitioner in violation of Article 14 and 16 of the Constitution of India. Compassionate appointment is not a statutory or constitutional right. If the petitioner has availed the benefit of such an opening for more than 14 years, this Court is not inclined to show further compassion within compassion by directing the respondents to now accommodate him on Class-III post. Writ application has no merit, it is dismissed. (Ajay Kumar Tripathi, J.) U SKM/-