Patna High Court
Vishal Kumar Gupta vs The State Of Bihar on 12 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7797 of 2021
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Vishal Kumar Gupta Son of Late Yogendra Prasad, a resident of Mohalla -
North Mandiri, Police Station- Budha Colony, P.O.- G.P.O., Patna District -
Patna, Pin Code - 800001, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Udhog Department, State
of Bihar.
2. The Managing Director, Bihar State Handloom and Handicraft Corporation,
Patna, Udhog Bhawan, Gandhi Maidan, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arvind Kumar Mouar with
Mr. Raj Krishna Jha, Advocates
For the Respondent/s : Mr. Rakesh Ambastha, A.C. to AAG 7
For the Corporation : Dr. Anand Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 12-05-2022
In the instant petition, petitioner has prayed for the
following relief:
(i) For issuance of a writ of appropriate
nature directing and commanding the concerned
respondents to consider the selection of petitioner as
compassionate ground after death of his father on
27.08.2018, he was posted on the post of Peon in the
office of the Bihar State Handloom and Handicraft
Nigam, Patna.
(ii) For issuance of appropriate writ to fix
pension to the widow of Late Yogendra Prasad,
whereby and whereunder the respondent no. 2 was not
fixed the pension amount till today.
Patna High Court CWJC No.7797 of 2021 dt.12-05-2022
(iii) For any other which the petitioner may
be found entitled to.
The petitioner's father while working with the
respondent Handloom and Handicraft Corporation, Patna (For
short Corporation). He died on 27.08.2018. Thus, the petitioner
submitted an application for compassionate appointment vide
Annexure- A/2, since there was inaction on the part of the
respondent corporation, petitioner submitted a representation on
19.11.2018. In not considering the application/representation,
petitioner had presented this petition. Learned counsel for the
respondents Corporation submitted that due to financial crunch in
the Corporation a memo was issued on 28.09.2011. Thereafter
board passed a resolution vide Agenda No. 2 on 14.02.2013 in
respect of compassionate appointment to the extent that due to
financial crunch no more compassionate appointment would be
made. In the light of these facts and circumstances petitioner's
claim for compassionate appointment pursuant to application read
with representation had not been considered.
Heard learned counsel for the respective parties. Crux or
the matter in the present petition is whether the petitioner is
entitled to compassionate appointment or not ? Undisputed facts
are that petitioner's father was working in the respondent
Corporation and he had died on 27.08.2018. Petitioner had
Patna High Court CWJC No.7797 of 2021 dt.12-05-2022
submitted an application followed by representation within the
time limit. However, it was not considered obviously for the
reason that respondent Corporation is not functioning properly due
to financial crunch to that effect memo dated 28.09.2011 read with
the board decision dated 14.02.2013 vide Annexure A to the
counter affidavit, suffice that there is financial crunch in the
respondent Corporation.
At this stage, learned counsel for the petitioner
submitted that existing employees in the Corporation have been
shifted in some other department and accommodated. Such policy
decision of the State or Corporation cannot be extended to
compassionate appointment in the absence of policy. The policy
decision of the State or Corporation in respect of existing
employees of the Corporation accomodated to some other
department has nothing to do with the petitioner's claim.
Accordingly, the present petition stands dismissed.
(P. B. Bajanthri, J)
Ranjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.05.2022
Transmission Date NA
