Jai Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1278 of 2020 ====================================================== Jai Kishan Kumar S/o Basudeo Das adopted S/o Late Baleshwar Das, Resident and P.o.- Ratanpur, P.s.- Bariyapur, Distt.- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Home, Govt. of Bihar, Patna 2.

The Principal Secretary Department of Home, Govt. of Bihar, Patna 3.

The Director General of Police Govt. of Bihar, Patna 4.

The Inspector General of Police Munger Region, Munger 5.

The Deputy Inspector General of Police Munger Region, Munger 6.

The Superintendent of Police Khagaria 7.

SHO Madhaiya Police Station, District- Khagaria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Anshuman Mr.Sanjay Kumar For the Respondent/s :

Mr.Amit Kumar, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-02-2020 Heard counsel for the petitioner and counsel for the respondents-State.

Petitioner is aggrieved by non-consideration of his claim for compassionate appointment. Claim of the petitioner is based on demise of his father in harness on 16/17.11.2015, while serving as Assistant Sub Inspector of Police. Petitioner's claim as per averment made in the writ petition is pending before the Superintendent of Police, Khagaria. It is his submission that requisite papers as per communication dated 06.04.2019 issued by the Superintendent

Patna High Court CWJC No.1278 of 2020(2) dt.14-02-2020 2/2 of Police, Khagaria have also been submitted by the petitioner, however, till date there is no consideration of the claim, let alone appointment on compassionate grounds.

Submission of the petitioner's counsel is that such inaction on the part of the respondent-authorities defeats the compassion underlying the scheme of the compassionate appointment. State counsel submits that respondent no.6Superintendent of Police, Khagaria whould consider the application without undue delay and expeditiously so that entitlement of the petitioner can be considered in accordance with law.

In view of rival submissions, since no adjudication is called for, pendency of the writ petition would be futile. Writ petition is disposed of with direction to respondent no.6 to take a final decision on the petitioner's claim (Annexure P/7) expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

Writ petition stands disposed of.

s.hassan/- (Madhuresh Prasad, J) U