Rabindra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15555 of 2010 ====================================================== Rabindra Prasad S/O Late Bishwanath Prasad R/O Vill Manchangawa, P.S.Gobardhana, Distt-West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector West Champaran, Bettiah

2. The District Magistrate -Cum-Collector West Champaran, Bettiah

3. The District Establishment Deputy Collector West Champaran, Bettiah

4. The Block Development Officer Narkatiaganj Block, Narkatiganj, West Champaran

5. The Sub-Divisional Officer Narkatiaganj, West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar 1 For the Respondent/s : Mr. (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-06-2018 The petitioner by way of the present writ petition has prayed for his appointment on compassionate ground as a 4th grade employee in place of his father, who died in harness on 24.02.1999 while working on the post of Panchayat Sewak in Narkatiaganj Block of West Champaran District. The learned counsel for the petitioner submits that on account of inadvertent mistake committed by the authorities while granting two school leaving certificates, the date of birth of the petitioner was recorded differently therein, hence the authorities have not considered the case of the petitioner for appointment on compassionate ground. It is further submitted that while granting certificates, the date of birth has been written as 10.01.1970 in one

Patna High Court CWJC No.15555 of 2010 (3) dt.18-06-2018 2/2 of the certificates whereas in the other certificate, the date of birth has been mentioned as 10.01.1977. The learned counsel for the petitioner submits that since actual date of birth of the petitioner is 10.01.1970, no prejudice would be caused to the authorities since he is not claiming that his date of birth be treated as 10.01.1977, as has been mentioned in the second certificate. In the facts and circumstances of the case, this Court directs the respondents to consider the case of the petitioner for appointment on compassionate ground considering the date of birth of the petitioner as 10.01.1970 and not as 10.01.1977, as has been mentioned in the second certificate. The final decision should be taken within a period of six weeks from today. The writ petition is disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) BTiwary/- U