Patna High Court
Ravi Kant Priyadarshi vs The State Of Bihar And Ors on 2 July, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7273 of 2018
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Ravi Kant Priyadarshi S/o Late Raghunath Prasad R/o Mohalla-Veer Kunwar
Singh, Gautam Nagar, Janta Road, P.S.-Gardanibagh, Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar through Secretary, Home Department, Old Secretariat,
Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Director General (Vigilance) Investigation Bureau, Patna.
4. The Superintendent of Police, Vigilance Investigation Bureau, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate
For the Respondent/s : Mr. Raghwanand, GA-11
Mr. Pratik Kumar, AC to GA-11
For the Vigilance : Mr. Arvind Kumar, Spl. PP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 02-07-2024
Heard learned counsel for the petitioner, learned
counsel for the State and learned Special Public Prosecutor for
the Vigilance
2. The present writ petition has been filed for
quashing the order contained in Memo No.67/350/96/P-3 dated
24.01.2018
by which claim of the petitioner for appointment
on compassionate ground has been rejected on the ground that
petitioner is the son of second wife.
3. Learned counsel for the petitioner submits that
in this regard there is Full Bench decision of this Hon'ble Court
Patna High Court CWJC No.7273 of 2018 dt.02-07-2024
in case of Bihar State Electricity Board Vs. Chandra
Shekhar Paswan reported in 2019 (3) BLJ page-347, which
clearly says that the children of second wife has to be
considered on compassionate appointment.
4. Learned counsel for the State opposes the writ
petition and submits that counter affidavit has been filed. He
submits that in the counter affidavit a clear cut stand has been
taken by the State that father of the petitioner was posted as
Sub-Inspector in Vigilance Investigation Bureau, Patna, and
during service period he died on 29.10.2006. He submits that
after death of late Raghunath Prasad, the petitioner filed a
representation before the Vigilance Investigation Bureau, Bihar,
Patna, which was forwarded to I.G. Headquarter vide Letter
No.5176 dated 22.08.2017 for needful, which is Annexure-P/4.
5. In the light of the submissions made, it
transpires to this Court that the executive authority cannot
ignore the judicial order passed in a Full Bench of this Hon'ble
Court. It transpires to this Court that Hon'ble Full Bench in
paragraph-60 of the judgment categorically held as under:
"We are of the opinion
that the aforesaid circular dated
23.06.2005 should not have been
quashed in its entirety. We are also of
Patna High Court CWJC No.7273 of 2018 dt.02-07-2024
the opinion that no direction could have
been given by the learned Single Judge
to the respondents to appoint the
petitioner on compassionate ground on
the post to which he is entitled. The
learned Single Judge ought to have
quashed the circular to the extent it
prevented the children of the second
wife from being considered for
appointment on compassionate ground.
Similarly, instead of issuing direction to
the respondents to appoint the petitioner
on compassionate ground, the learned
Single Judge ought to have directed the
respondents to consider the case of the
petitioner for appointment on
compassionate ground as it is well
settled position in law that appointment
on compassionate ground is not a
source of recruitment. It is exception to
the general rule. The purpose of
compassionate appointment is to
prevent destitution and penury in the
family of a deceased employee. The
person seeking appointment on
compassionate ground under the
scheme has a right to be considered for
appointment, which needs to be decided
on facts of each individual case keeping
in mind as to whether the applicant
Patna High Court CWJC No.7273 of 2018 dt.02-07-2024
needs all stipulations of the scheme
including financial need and other
requirements."
6. In the light of the order passed by Hon'ble
Full Bench, it is clear to this Court that Annexure-P5, which is
impugned in this petition is not sustainable in the eye of law.
Therefore, it is set aside. The petitioner is directed to represent
before the authority concerned within thirty days along with this
order and respondent No.2, the Director General of Police,
Bihar, Patna, is directed to take a decision in the matter of the
petitioner following the principles laid down in the Full Bench
within ninety days from the date of receipt/production of a copy
of this order before him.
7. With this direction, the writ petition is
disposed off.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.07.2024
Transmission Date NA
