Patna High Court
Atul Kumar Srivastava vs The State Of Bihar on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3653 of 2020
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Atul Kumar Srivastava, Son of Chhotan Prasad Srivastava, adopted Son of
late Kamalawati Devi, Resident of Mohalla Ratanpura, P.S. Bhagwan Bazar,
District- Saran, Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Health Department,
Government of Bihar, Patna.
2. Director, Heatlh Services, Health Department, New Secretariat, Patna.
3. Deputy Director, Health, Saran Division, Chapra.
4. District Magistrate-Cum- Chairman, District Compassionate Appointment
Committee, Gopalganj.
5. Deputy Collector (Establishment), Gopalganj.
6. Civil Surgon-Cum-Chief Medical Officer, Gopalganj.
7. Medical Officer, Primary Health Centre, Bijaipur, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Jitendra Prasad Singh, Advocate
For the Respondent/s : Mr.Ajay Behari Sinha, GA-8
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL JUDGMENT
Date : 28-06-2021
Heard learned counsel for the parties online because of
COVID-19 pandemic restrictions.
2. The petitioner has put to challenge the decision of the
District Compassionate Appointment Committee, Gopalganj
dated 17.10.2019, issued vide Memo No. 877 dated 20.12.2019,
whereby his claim for appointment on compassionate ground has
been rejected. The said communication has been brought on
record by way of Annexure-14 to the writ application.
Patna High Court CWJC No.3653 of 2020 dt.28-06-2021
3. From the facts averred in the writ application it
emerges that one Kamalawati Devi was working against the post
of LHV in Primary Health Centre, Bijaipur under Civil Surgeon,
Gopalganj. It is the petitioner's case that said Kamalawati Devi
was married to one Mani Bhushan Prasad in the year 1975, who
subsequently separated by a decree of divorce on a joint
application. The said Mani Bhushan Prasad solemnized second
marriage. Mani Bhushan Prasad and his second wife also died
without any issue. It is the petitioner's further case that after death
of Mani Bhushan Prasad said Kamalawati Devi started living
with his brother, namely, Chhotan Prasad Srivastava and in the
year 1987 she adopted the petitioner, son of said Chhotan Prasad
Srivastava. Kamalawati disappeared in mysterious circumstances
in the month of January 2001, who is still traceless. Immediately
seven years after disappearance of said Kamalawati Devi the
petitioner filed Succession Case No. 27 of 2008 in the court of
learned Sub-Judge-I, Saran at Chapra, which was allowed in 2012
and accordingly in 2012 he was granted succession certificate
after declaring civil death of said Kamalawati Devi. The
petitioner claims to have received legal dues consequent upon
civil death of said Kamalawati Devi, as stated in paragraph 10 of
the writ application.
Patna High Court CWJC No.3653 of 2020 dt.28-06-2021
4. The petitioner had represented before the authorities
claiming appointment on compassionate ground, consequent upon
civil death of said Kamalawati Devi. As the matter of his
appointment on compassionate ground was not being expedited
he filed a writ application before this Court giving rise to CWJC
No. 8853 of 2015, which was disposed of by an order dated
02.08.2016 with a direction to the respondents to consider the
petitioner's claim within a reasonable time. The claim of the
petitioner was, however, rejected by the District Level
Compassionate Appointment Committee in its meeting held on
20.10.2016, which was communicated to him through Memo No.
47 dated 17.01.2017. He filed another writ application giving rise
to CWJC No. 4100 of 2017, which was disposed of by an order
dated 28.11.2018 remanding the matter back to the District
Magistrate, Gopalganj to examine the petitioner's case after
considering the legal value of the judgment of succession case as
well as the report of the Circle Officer and to pass appropriate
order in accordance with law.
5. The petitioner's case was again considered by the
District Compassionate Appointment Committee, Gopalganj in its
meeting held on 17.10.2019. The Committee noted that though it
is the petitioner's claim that he was adopted by Kamalawati Devi
Patna High Court CWJC No.3653 of 2020 dt.28-06-2021
in 1987 when he was only three years old, in all his certificates in
relation to educational qualification, his father's name has been
mentioned as Chhotan Prasad Srivastava. In the certificate issued
by IGNOU of having passed Bachelor of Arts, the petitioner's
address has been mentioned as Mohalla Ratanpura (Ojha Toli),
Bhagwanpur Bazar. The said Kamlawati Devi was resident of
Village Naya Tola, Madhopur, Bakhtiyarpur in the district of
Patna. The Committee refused to accept the petitioner's claim for
appointment on compassionate ground for various reasons as is
evident from the proceedings of the meeting itself, which has
been brought on record by way of Annexure-14.
6. It is the peculiar case of the petitioner that he was
adopted by said Kamalawati Devi in 1987 when the petitioner
was only three years old though in all his certificates, his father's
name has been described as Chhotan Prasad Srivastava. Even in
the writ application the petitioner has described himself to be the
son of Chhotan Prasad Srivastava, as against his claim that he
was adopted by Kamalawati Devi. Further, it is the petitioner's
case that there was separation between Kamalawati Devi and her
husband but no document has been produced to demonstrate this
fact.
7. In the counter affidavit filed on behalf of the State of
Patna High Court CWJC No.3653 of 2020 dt.28-06-2021
Bihar it has been stated that the Incharge Medical Officer,
Primary Health Centre, Bijaipur, in the district of Gopalganj vide
his letter No. 614 dated 13.12.2008 had sent an information to the
SHO, Bijaipur Police Station about disappearance of Kamalawati
Devi leading to Station Diary Entry No. 406/2008 dated
20.12.2008 and, thereafter, after laps of nearly five years of the
said entry, civil death of Kamalawati Devi was declared vide DR
No. 397/2013 dated 25.04.2013.
8. If the said Kamalawati Devi was missing since 2001
and the petitioner was her adopted son, it is not known as to what
prevented the petitioner or his near relative to inform the police/
authorities about her disappearance.
9. From the pleadings itself it appears that the petitioner
started taking steps only in 2008 with a plea that he was entitled
to succeed Kamalawati Devi as her whereabouts were not known
since 2001.
10. In view of the peculiar facts and circumstances of the
case as noted above, in my opinion, it is not a fit case to exercise
discretionary writ jurisdiction granting the relief as sought for by
the petitioner. The object of permitting appointment on
compassionate ground is to give succor to the family which has
been suddenly plunged into penury due to untimely death of its
Patna High Court CWJC No.3653 of 2020 dt.28-06-2021
sole bread-winner. The Supreme Court has repeatedly observed
that the object of providing such ameliorating relief should not be
taken as opening and alternative mode of recruitment to public
employment [(1997) 8 SCC 85].
11. The facts of the case, as noted above, do not make out
a case for grant of relief as sought for. This application is
accordingly dismissed.
(Chakradhari Sharan Singh, J)
Rajesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.06.2021
Transmission Date NA
