Nilam Kumari @ Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17013 of 2019 ====================================================== 1.

Nilam Kumari @ Nilam Devi Wife of late Sanjay Paswan, Resident of Village- Kariyat, P.O. Ghoghanpatti, Police Station- Sour Bazar, DistrictSaharsa. 2.

Dilkhush Kumar, Son of late Sanjay Paswan, Resident of Village- Kariyat, P.O. Ghoghanpatti, Police Station- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Home, Govt. of Bihar, Patna.

2.

The District Magistrate-Cum-Chairman Compassionate Appointment Committee, Saharsa.

3.

The Superintendent of Police, Saharsa.

4.

The Sub-Divisional Officer, Sadar, Saharsa.

5.

The Circle Officer, Patarghat, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Sinha, Advocate For the Respondent/s :

Mr.Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and the State. The dispute relates to compassionate appointment. Learned counsel for the petitioners submits that petitioner No. 2 applied for compassionate appointment after death of his father, who died on 15.12.2003. The application for compassionate appointment was rejected on 27.09.2019 ignoring the circular contained in letter No. 11959 dated 21.8.2019.

Under the changed policy for compassionate

Patna High Court CWJC No.17013 of 2019(3) dt.18-03-2021 2/2 appointment, the earlier rider of 5 years has been given a go by and it has been decided that application may be submitted by the minor dependent of the bread earner died in harness within one year after attaining majority.

Since the case of the petitioner no. 2 was not considered at the touch stone of letter No. 11959 dated 21.8.2019, the respondents are directed to reconsider the case of the petitioner no. 2 in the light of the aforesaid letter dated 21.8.2019 and pass appropriate fresh order within a maximum period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U