Patna High Court
Pawan Kumar And Ors vs The State Of Bihar And Ors on 19 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11220 of 2012
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1. Pawan Kumar and Ors Son Of Late Jitendra Kumar Resident Of Mohalla -
Amarpur Paijawa, P.O. - Patna City, P.S.- Mehandiganj, District - Patna
2. Amit Kumar Son Of Late Ram Bilas Prasad Resident Of Gurhatta, Mittan
Ghat, Raipath Krishna Road, Adarsh Colony-I, P.O. - Patna City, P.S-
Khajekalan, District - Patna
3. Nitish Kumar Basak Son Of Late Nirmal Chandra Basak C/O Gopi Chandra
Bhawan, Arya Kumar Road, P.O.- Bankipur, P.S. - Kadamkuan, District -
Patna
4. Kamlesh Kumar Chaudhary Son Of Late Ram Nath Choudhary Resident Of
Mohalla Nayagaon Laddu Akhara, P.O. - Gulzarbagh, P.S.- Alamganj,
District - Patna
5. Bablu Kumar Paswan Son Of Late Tyagveer Prasad Resident Of Hajari
Mohalla Khambhaka Akhara, Patna City, P.O. - Patna City, P.S.-
Mehandiganj, District - Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary-Cum-Finance Commissioner, Finance Department,
Government Of Bihar, Patna
3. The Director Press And Stationery, Finance Department, Government Of
Bihar, Patna
4. The Deputy Secretary Press And Stationary Finance Department,
Government Of Bihar, Patna
5. The Superintendent , Secretriate Press, Government Of Bihar, Gulzarbagh,
Patna
6. The Deputy Superintendent , Secretariate Press, Government Of Bihar,
Gulzarbagh, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Anju Jha, Advocate
For the Respondent/s : Mrs. Binita Singh, SC-28
: Mr. vivek Anand Amritesh, AC to SC-28
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 19-01-2024
Heard Mrs. Anju Jha, learned counsel for the
petitioners and Mrs. Binita Singh, learned counsel appearing on
behalf of the State.
Patna High Court CWJC No.11220 of 2012 dt.19-01-2024
2. The present writ petition has been filed for
direction to the respondents to make appointment of the
petitioners on sanctioned and vacant posts of class-III in the
office of Secretariate Press, Gulzarbagh, Patna.
3. Learned counsel for the petitioners submits that
father of the petitioner no.1, namely, Late Jitendra Kumar while
posted as Clerk in the office of Secretariate Press Gulzarbagh,
Patna died in harness on 14.03.2004, father of the petitioner
no.2, namely, Late Ram Vilas Prasad while posted as Reader in
the office of Secretariate Press Gulzarbagh, Patna died in
harness on 25.12.1997, father of the petitioner no.3, namely,
Late Nirmal Chandra Basak while posted on the post of
Assistant Section In-charge, in the office of Secretariate Press
Gulzarbagh, Patna died in harness on 17.02.2003, father of the
petitioner no.4, namely, Late Ram Nath Chaudhary while posted
on the post of Machine Man in the office of Secretariate Press
Gulzarbagh, Patna died in harness on 15.09.2001 and father of
the petitioner no.5, namely, Late Tyagveer Prasad while posted
as Pressman in the office of Secretariate Press Gulzarbagh,
Patna died in harness on 12.08.2001. Thereafter, the petitioners
were applied for the appointment on compassionate ground and
the District Compassionate Appointment Committee vide its
Patna High Court CWJC No.11220 of 2012 dt.19-01-2024
letter dated 25.09.2004 has recommended the case of the
petitioners for the appointment on class-III posts. Thereafter, the
case of the petitioners were examined and it was found that
there was no vacancy in the class-III posts, therefore, they were
offered to be appointed on class-IV posts which was accepted by
the petitioners and they were appointed on the class-IV posts in
the year, 2006 itself.
4. Learned counsel for the petitioners further submits
that despite of the recommendation of the District
Compassionate Appointment Committee for the appointment on
class-III and approval of the same by the Finance
Commissioner, the petitioners were appointed on different
places on the class-IV posts in the office of Secretariate Press
Gulzarbagh, Patna and all the petitioners were appointed in the
year, 2006 itself. In the year, 2012 the writ petition has been
filed for direction upon the respondents to consider the case of
the petitioners on class-III posts.
5. It appears that when the case of the petitioners was
already considered in the year 2006 and they have been
appointed on the class-IV posts where was the occasion to re-
consider the case of the petitioners on the post of class-III posts.
After joining on the class-IV posts in the year 2006, the present
Patna High Court CWJC No.11220 of 2012 dt.19-01-2024
writ petition has been filed in the year 2012.
6. Considering the facts and circumstances of the
case, there is no merit in the writ petition. Accordingly, the writ
petition is dismissed.
(Rajesh Kumar Verma, J)
ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.02.2024
Transmission Date NA
