Roshan Kumar v. The State Of Bihar And ORS
Patna High Court CWJC No.17318 of 2017 (3) dt.04-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17318 of 2017 ======================================================
1. Roshan Kumar Son of Late Ganesh Roy R/o Village + P.O. - Sattar, P.S. - Bihra, Dist. - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, General Administration Department, Government of Bihar, Patna.
2. District Compassionate Committee through its Chairman, District Magistrate, Jamui.
3. District Magistrate, Jamui.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate Mr. Arvind Kumar Sharma, Advocate Ms. Ritika Rani, Advocate Ms. Kumari Neha, Advocate Mr. Vijoy Kumar Vimal, Advocate For the Respondent/s : Mr. Md.N.H.Khan -SC1 Mr. Harun Quareshi, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In the present case, the petitioner is seeking relief for appointment on compassionate ground.
The benefit has been refused on the ground that one of the elder brothers is an employee in private company working in the State of Gujarat.
Submission has been made that amount of salary received by the elder brother is not sufficient for carrying the family properly.
Patna High Court CWJC No.17318 of 2017 (3) dt.04-09-2018 From the record it appears that elder brother is employed in a private Company in the State of Gujarat as well as the mother has already received pensionary amount which is sufficient for the purposes of maintaining the family. The basic idea of compassionate appointment is to mitigate and tide over the financial crisis. Reliance can be placed on the judgment of the Hon'ble Supreme Court in the case of Umesh Kumar Nagpal v. The State of Haryana and others, reported in (1994)4 SCC 138 and at the same time compassionate appointment is an exception to the normal rule to enter into the Government service.
In such view of the matter, this Court does not find any merit in this writ petition. It is accordingly dismissed. (Shivaji Pandey, J) Vinay/- U