Naresh Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1764 of 2012 IN Civil Writ Jurisdiction Case No. 9500 of 2008 ===========================================================
1. Naresh Kumar S/O Late Laxmi Ram R/O Mohalla- High Court Water Tower Road No. 4, P.O.- G.P.O., Patna, P.S.-Kotwali, District-Patna .... .... Appellant/s
Versus
1. The State Of Bihar Through The Secretary Urban Development, New Secretariat, P.S.-Patna Secretary, District- Patna
2. The Administrator Patna Municipal Corporation And Patna Water Board, P.S.- Kotwali, District-Patna
3. The Executive Officer Patna Water Board, P.S.-Kotwali, District- Patna .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. RAJENDRA KUMAR JAIN,ADVOCATE For the Respondent/s : Mr. RANJEET KUMAR PANDEY,ADVOCATE =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 18-03-2016 The present Appeal is directed against the judgment and order dated 4-5-2011 passed by this Court in C.W.J.C.No. 9500 of 2008, whereby the writ petition filed by the appellant was dismissed.
2. We have heard the parties, and we have no reason to entertain this Appeal.
The writ petitioner-appellant sought compassionate appointment on the ground that his father was in Government employment in Grade-IV, and he died in harness. The matter has not been considered by the State authorities, inasmuch it is not in dispute that the writ petitioner's mother was also in
Patna High Court LPA No.1764 of 2012 dt.18-03-2016 2/2 Government employment. The whole compassionate-appointment policy is for meeting an emergent requirement and support where the bread earner suddenly dies. Here, there is a mother of the writ petitioner-appellant, who is already in service. It has been repeatedly held by the Courts that compassionate appointment is not a source of appointment. It is a compassion shown upon the circumstances.
3. Reliance has been placed on the judgment of this Court in the case of Santosh Kumar Vs. State of Bihar[2013(1) P.L.J.R 454], a judgment of a learned Single Judge, to show that notwithstanding the fact that both the parents of a person were in Government service, compassionate appointment was given. We regret, we are unable to agree with this judgment. The law is well-settled. Therefore, that judgment is specifically overruled.
4. We, thus, find no merit in the Appeal. It is, accordingly, dismissed.
(Navaniti Prasad Singh, J) (Nilu Agrawal, J) U B.K.Roy/-