Patna High Court
Mina Devi vs The State Of Bihar on 9 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9847 of 2023
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1. Mina Devi Wife of Late Nagendra Ram Resident of Ward No. 13, Panapur
Langa, Near Bhuiya Asthan, P.S. Hajipur, Sadar, District- Vaishali.
2. Vikash Kumar @ Vikas Kumar, Son of Late Nagendra Ram Resident of
Ward No. 13, Panapur Langa, Near Bhuiya Asthan, P.S. Hajipur, Sadar,
District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional D.G. Bihar, Special Armed Police, Bihar, Patna.
3. The D.I.G. of Police Bihar Special Armed Police, Northern Zone,
Muzaffarpur.
4. The Commandant, BSAP- 8, Begusarai.
5. The Assistant Police Inspector General of Police (Welfare), Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate
For the State : Mr. Sheo Shankar Prasad, SC- 8
Mr. Ruchikar Jha, AC to SC- 8
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 09-10-2023
1. Heard learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner's claim for appointment on
compassionate grounds has been rejected by the Compassionate
Committee under its meeting dated 25-08-2021. The rejection
has been communicated to the petitioner under letter dated 27-
08-2021 (Annexure- 7). The rejection is founded on the General
Patna High Court CWJC No.9847 of 2023 dt.09-10-2023
Administration Department letter dated 10-05-2010, bearing
Memo No. 1781 regarding claim of compassionate appointment
of legal heirs/dependent of deceased government employee
whose sibling is gainfully employed.
3. Learned counsel for the petitioner makes very short
submission, relying on the decision of the Hon'ble Full Bench,
in the case of Niraj Kumar Mallick vs State of Bihar & Ors.
passed in C.W.J.C. No. 17143/2016, reported in (2018) 2 PLJR
951. Referring to paragraph Nos. 47 & 49, he submits that the
fact of sibling being employed, per se cannot be made the basis
for excluding the petitioner's claim for compassionate
appointment.
4. The mandate, as per decision of the Hon'ble Full
Bench, is clear that it is required to be seen by the Authorities
whether employment is such, which would generate sufficient
resources to provide both ends meet for the legal heirs. It is only
if such fact is established that the claim can be rejected,
irrespective of the fact whether sibling is maintaining the other
legal heirs or not. There is no consideration of this aspect, and
therefore, petitioners would be placing before the Assistant
Police Inspector General of Police (Welfare), Bihar, Patna .
(respondent No. 5) material to show that income generated by
Patna High Court CWJC No.9847 of 2023 dt.09-10-2023
the employment of the petitioner's sibling is insufficient to
sustain the other legal heirs.
5. If such application is filed before the respondent
No. 5 within four weeks, respondent No. 5 shall be required to
accord due consideration in terms of decision of the Hon'ble
Full Bench, noted above within eight weeks thereafter. While
according such consideration, earlier rejection dated 02-12-2022
(Annexure- 9), shall not come in the way.
6. With such observation/s and direction/s writ
petition is allowed.
(Madhuresh Prasad, J)
Raj kishore/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16-10-2023
Transmission Date N/A
