Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16245 of 2019 ====================================================== Santosh Kumar adopted son of Late Chinta Devi presently residing at VillageBarahbatra, P.O.- Ara, P.S.- Ara Nagar, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

The Inspector General of Police, Patna.

3.

The Deputy Inspector General of Police, Shahabad Range, Dehri-on- Sone. 4.

The Superintendent of Police, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Respondent/s :

Mr.P.K. Verma (AAG-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-08-2019 The petitioner is the adopted son of a lady Constable of Police who died in harness on 10.05.2016. The petitioner has brought on record the adoption deed of 1994 indicating that he has been validly adopted by the deceased employee. Shortly after the death of the employee, an application was filed by the petitioner requesting the authorities to consider his case for appointment on compassionate ground on any suitable post. When no action was taken, another representation was filed by the petitioner, a copy of which has been annexed with the writ petition.

Patna High Court CWJC No.16245 of 2019(2) dt.22-08-2019 2/3 Though from the representation which has been annexed with this writ petition, necessary details are not possible to be culled out, nonetheless the respondent authorities ought to consider the case of the petitioner in correct perspective and in accordance with the scheme prevalent in the department and communicate the decision to the petitioner. Otherwise, keeping the case of such compassionate appointment pending would not only frustrate the purpose behind enacting such scheme for compassionate appointment but it would also have effect of petitioner wasting time over his expectations from the department.

For the convenience of the parties, this Court therefore directs the petitioner to make a suitable representation, making a request for consideration for compassionate appointment if any scheme for such appointment is prevalent in the department, before the Superintendent of Police, Bhojpur at Ara (respondent No. 4) within a period of two weeks from today, who, on

Patna High Court CWJC No.16245 of 2019(2) dt.22-08-2019 3/3 receipt of such representation shall have the facts verified, ascertain the entitlement of the petitioner and shall place the case of the petitioner before the Committee for consideration of the same for the purposes of providing compassionate appointment. The process ought not to be unnecessarily delayed and a decision be taken within a period of four months from the date of receipt of such representation.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U