← Library
Patna High CourtCWJC/18875/2021disposed

Rajesh Kumar v. The State Of Bihar

2024-03-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18875 of 2021 ====================================================== Rajesh Kumar S/o Late Biltu Yadav, r/o Village - Raghepura, P.O.- Laheriasarai, P.S.- Bahadurpur, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Superintending Engineer, Public Health Engineering Department, Muzaffarpur Circle, Muzaffarpur. 2.

Superintending Engineer, Public Health Engineering Department, Muzaffarpur Circle, Muzaffarpur.

3.

Executive Engineer, Public Health Engineering Division, Darbhanga. 4.

District Compassionate Appointment Committee through its Chairman, District Magistrate, Darbhanga.

5.

District Magistrate, Darbhanga, Chairman of the District Compassionate Appointment Committee.

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

For the Petitioner/s :

Mr.Baidya Nath Thakur, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For quashing the notification dated 23.08.2016 issued by the District Compassionate Appointment Committee under the Chairmanship of District Magistrate, Darbhanga whereby the petitioner's claim for compassionate appointment on the ground of his father having died in harness on 25.12.2011 while working on the post of Pump Operator in the Public Health and Engineering Division, Darbhanga was rejected citing reason that he has obtained matriculation certificate from

Patna High Court CWJC No.18875 of 2021(2) dt.06-03-2024 2/3 Hindi Vidyapeeth, Deoghar which is not recognized in Bihar since 07.05.2012.

Further, a writ of Mandamus be issued (ii) For direction to the Compassionate Appointment Committee headed by the District Magistrate, Darbhanga to send recommendation to the Superintending Engineer of the Public Health and Engineering Circle, Muzaffarpur to appoint the petitioner on compassionate ground in Darbhanga Division."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the District Compassionate Appointment Committee, Darbhanga as also District Magistrate, Darbhanga, who is the Chairman of the said committee to dispose off the application of the petitioner for grant of compassionate appointment, within a stipulated time frame.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate/District Compassionate Appointment Committee, Darbhanga to consider the claim of the petitioner and dispose off his application, filed for grant of compassionate appointment, in case the same has been filed in time and is still pending, by passing a reasoned and a speaking order, in accordance with law, within a period of four weeks of

Patna High Court CWJC No.18875 of 2021(2) dt.06-03-2024 3/3 receipt/production of a copy of this order.

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

(Mohit Kumar Shah, J) Saurav/- U