Ajit Kumar @ Sonu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.461 of 2011 ====================================================== Ajit Kumar @ Sonu Kumar, son of late Shankar Prasad, resident of mohalla - Kurjee, Baloo Par, P.O. - Sadakat Ashram, P.S. Digha, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Patna

3. The District Magistrate - cum- Chairman, District Compassionate Committee, Patna

4. Superintendent , Patna Medical College Hospital, Patna

5. Deputy Collector (Establishment), Collectoriate, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-10-2015 Heard Sri Dhirendra Nath Jha, learned counsel for the petitioner and learned AC to GA No. 11.

The petitioner invoking the writ jurisdiction of this court under Article 226 of the Constitution of India has prayed for directing the respondents to appoint him on compassionate ground in place of his father who died in harness on 26.12.2001. It is not in dispute that after the death of the employee the widow of the employee recommended for appointment of her elder son on compassionate ground. Subsequently stand was changed and mother of the petitioner herself became a candidate for being appointed on compassionate ground. However, during enquiry the education certificate which was brought on record on

Patna High Court CWJC No.461 of 2011 (9) dt.29-10-2015 2/2 behalf of the mother of the petitioner was not found genuine. Thereafter i.e. after lapse of more than five years the mother of the petitioner requested for appointing this petitioner on compassionate ground. Since the request for appointment of the petitioner was received after five years from the death, same was not entertained.

In this case a counter affidavit has also been filed. On perusal of the material on record, I do not find any ground to entertain the writ petition.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U