Patna High Court
Nandu Kumar vs The State Of Bihar on 17 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.229 of 2021
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Nandu Kumar Son of Late Brmdev Singh Resident of Village Budhan Bigha,
P.S. Daudnagar, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through The Chief Secretary Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary, Minor Water Resource Department, Government of
Bihar, Vikash Bhawan, Patna.
3. The Principal Secretary, General Administration Department, Government
of Bihar, Old Secretariat, Patna.
4. The Chief Engineer, Minor Water Resource Department, Jal Bhawan, Riding
Road, Shekhpura, Patna- 14.
5. The Superintending Engineer, Minor Irrigation Circle, Jal Bhawan, Riding
Road, Shekhpura, Patna- 14.
6. The Executive Engineer, Minor Irrigation Division, Aurangabad.
7. The District Magistrate, Cum Chairman the District Compassionate
Committee, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey, Advocate
For the Respondent/s : Mr. Anirban Kundu, SC 24
Ms. Shally Kumari, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-05-2022
Heard learned counsel for the respective parties.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That the Petitioner prefers present writ petition
for the issuance of an appropriate writ in the nature of
certiorari for quashing of the decision of the District
Magistrate cum Chairman, The District compassionate
committee, Aurangabad vide letter No. 428 dated 08.07.2020
Patna High Court CWJC No.229 of 2021 dt.17-05-2022
by which his application for appointment on Compassionate
ground has been rejected as Contained in Annexure- 3 of the
present writ petition and for any other relief or reliefs to which
the petitioner is entitle by this Hon'ble Court."
3. On 29.03.2022, following order was passed:
"None appears for the petitioner.
Short question for consideration in the present
petition is whether petitioner is entitled to appoint on
compassionate ground or not?
Learned counsel for the State on instruction
submitted that petitioner is not entitled to compassionate
appointment for the reasons that one of his brother is
already in government service. In order to deny
compassionate appointment to a person whose brother is
already in service it is necessary to peruse the relevant
compassionate appointment rules in order to verify the
eligibility criteria. Therefore, the State counsel is hereby
directed to furnish the relevant portion of the
compassionate appointment Rules/Scheme.
Re-list this matter on 05.04.2022."
4. Today learned counsel for the State pointed out from
the Guidelines dated 10.05.2010 issued by the State
Administration. If anyone of the kith and kin of the deceased is
already working in any one of the State Department, in that event,
the other kith or kin is not entitled to compassionate appointment.
Guidelines dated 10.05.2010 reads as under:
Patna High Court CWJC No.229 of 2021 dt.17-05-2022
"General Administration Department's letter
no. 1781 dated 10.05.2010 issued in compliance of the
common order dated 27.07.2004 passed in CWJC No.
6668/2003 and CWJC No. 7044/2003.
"If one of the dependants of deceased
Government Servant (died in harness) is gainfully
employed, in such circumstances other dependant
whether living together or separately, is not entitled for
the benefit of compassionate appointment."
Gainfully employed means an employment, by
which dependants of deceased Govt. servant can be
maintained."
5. Undisputedly, petitioner's brother is already working
in the Police Department, therefore, the petitioner is not entitled to
compassionate appointment in the light of the aforesaid Clause in
the Guidelines. That apart, it is to be noted that petitioner has not
questioned the validity of the aforesaid Clause.
6. Accordingly, present petition stands dismissed.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 20.05.2022
Transmission Date
