Mahesh Kumar Singh vs The State Of Bihar
2025 Latest Caselaw 3560 Patna

Patna High Court

Mahesh Kumar Singh vs The State Of Bihar on 30 April, 2025

Author: Harish Kumar

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8840 of 2019
     ======================================================
     Mahesh Kumar Singh, Son of Late Bindeshwar Singh, R/o Village- Batlohia,
     P.S.- Pandaul, District- Madhubani, at present residing at Pandaul Market,
     under Pandaul, Police Station, District- Madhubani

                                                           ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Principal Secretary, Sugarcane Corporation
     Limited, Industry Department, Patna
2.   The Collector Madhubani
3.   The General Manager of Sugar Mill Unit Sakri, P.S. Sakri District-
     Madhubani

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Pradeep Kumar Singh
     For the Respondent/s   :     Mr. Suresh Kumar, AC to GP- 1
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 30-04-2025

Heard the parties.

2. The petitioner has invoked the jurisdiction of this

Court seeking a direction upon the respondents to consider the

claim of the petitioner for appointment on compassionate

ground and extend all the consequential benefits.

3. Learned Advocate for the State at the outset

made objection to the prayer and submitted that the father of the

petitioner died in harness in the year 1994 itself and, as such,

more than thirty years have been elapsed and in no

circumstances, the claim of the petitioner could be considered

for compassionate appointment.

Patna High Court CWJC No.8840 of 2019 dt.30-04-2025

4. This Court finds substance in the submission of

the learned Advocate for the State. The very object of the

compassionate appointment to give immediate succor to the

bereft family, whose bread earner died leaving the family in

penury. Time without number, the Apex Court in catena of

decisions ruled that the very provision for compassionate

appointment is an exception to Articles 14 and 16 of the

Constitution of India and apart from the fact that it is duly

governed by the Guidelines and the Rules specifically issued by

the concerned department. In no circumstances, the belated

claim of the dependent of the deceased employee can be

considered for compassionate appointment.

5. This Court does not find any substance in the

writ petition. Accordingly, the same stands dismissed.

(Harish Kumar, J) uday/-

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Uploading Date          01.05.2025
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