Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16229 of 2024 ====================================================== Prashant Kumar S/o Late Sudhir Kumar Sinha, Resident of Mohalla-Shahpur Pokharapar, Ward No.-25, P.S.-Town, District-Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Director General of Police (Budget, Appeal and Welfare), Bihar, Patna.

2.

The Additional Director General of Police (Budget, Appeal and Welfare), Bihar, Patna.

3.

The Senior Superintendent of Police, Aurangabad, District-Aurangabad. 4.

The Sergeant Major, Police Line, Aurangabad, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. U.S.S. Singh, GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-12-2024 Heard Mr. Shashi Bhushan Singh, learned counsel appearing on behalf of the petitioner and Mr. U.S.S. Singh, learned GP-19 for the respondents.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:

"(i) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent to appoint the petitioner on compassionate ground as the petitioner has been declared successor by the competent court of law and all the relevant documents have already submitted for kind consideration and there is no impediment in appointing the petitioner on compassionate ground even then only dates are being given by the respondent.

(ii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

Patna High Court CWJC No.16229 of 2024(3) dt.19-12-2024 2/2

3. Learned counsel appearing on behalf of the petitioner informs that expeditious decision is required to be taken by the District Compassionate Committee, so that the claim of the petitioner for being appointed on compassionate ground should not be defeated.

4. Considering the aforesaid information, the District Compassionate Committee is directed to forthwith decide the claim of the petitioner and communicate the same to the appointing authority, so that the petitioner can be appointed on any Class-III or Class-IV post in accordance with the scheme of compassionate appointment, in view of law laid down by the Apex Court in case of Umesh Kumar Nagpal v. State of Haryana and Others reported in (1994) 4 SCC 138, and in case of State of West Bengal Vs. Debabrata Tiwari & Ors. Etc. passed in Civil Appeal nos. 8842-8855 of 2022.

5. With aforesaid observations/directions, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U