Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14945 of 2019 ====================================================== Vijay Kumar S/o Arvind Singh @ Arvind Kumar Sharma Vill.- Markan, P.s. and Block- Sakra, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

Commandant General Home Guard (Head Quarter), Bihar, Patna 3.

District Magistrate Muzaffarpur 4.

Senior Superintendent of Police Muzaffarpur 5.

District Commandant Officer Home Guard, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Respondent/s :

Mr. Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-07-2019 The father of the petitioner, who was serving as member of the Home Guard, met with an accident, completely disabling him for performing his duties. The petitioner thereafter applied for being considered for appointment on compassionate ground. His claim was forwarded by the Commandant of the concerned Battalion and the petitioner was sent for physical examination. Since the petitioner was found less in height by few centimeters, he was not appointed but the decision was kept pending till the time the competent

Patna High Court CWJC No.14945 of 2019(2) dt.29-07-2019 2/3 authority relaxed the rule in case of the petitioner with respect to height. The concerned authority has relaxed the rule of requisite height for the petitioner and has directed the Commandant of the concerned Battalion of the Home Guards to proceed further in the matter and give compassionate appointment to the petitioner. This communication was made sometimes in the year 2016. Thereafter, no decision has been taken by the Commandant of the concerned Home Guard Battalion. Under the aforesaid circumstances, the petitioner is directed to make a representation before the Commandant General, Home Guard (Head Quarter), Bihar, Patna (respondent No. 2) within a period of four weeks from today, who, on verifying the records and seeking information from the concerned Battalion Chief, shall pass/caused to be passed a reasoned order in accordance with law within a further period of eight weeks thereafter.

With the aforesaid observation/direction, the

Patna High Court CWJC No.14945 of 2019(2) dt.29-07-2019 3/3 writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U