Satish Choudhary @ Satish Chaudhari vs The State Of Bihar
2025 Latest Caselaw 1803 Patna

Patna High Court

Satish Choudhary @ Satish Chaudhari vs The State Of Bihar on 15 February, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No 10436 of 2023
     ======================================================
     Satish Choudhary @ Satish Chaudhari S/o Late Ram Ekbal Choudhary,
     resident of Village - Nandani, P.S. - Mohiuddin Nagar, District - Samastipur.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Department of Health,
     Bihar, Patna.
2.   The   District Magistrate-cum-Chairman,           District   Compassionate
     Appointment Committee, Samastipur.
3.   The Secretary, District Compassionate Appointment Committee, Samastipur.
4.   The Civil Surgeon, Samastipur.
5.   The In-Charge Medical Officer, Primary Health Centre, Patori, District -
     Samastipur.
6.   The In-Charge Medical Officer, Primary Health Centre, Mohiuddin Nagar,
     District - Samastipur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr Suneil Kumar Thakur, Advocate
     For the Respondent/s   :      Mr Kamlesh Kishore, AC to SC XII
     ======================================================
     CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL

                                ORAL JUDGMENT

Date : 15-02-2025

This petition has been preferred by the petitioner

directing the respondents to appoint the petitioner on a suitable

Class III post on compassionate ground.

2 It is submitted by the learned counsel for the petitioner

that the mother of the petitioner, namely, Sihanti Devi was

working as an ANM at Health Sub Center, Lagunia under Primary

Health Center, Patori in the district of Samastipur. She died in

harness on 21.10.2019. Being a dependent son of the deceased Patna High Court CWJC No.10436 of 2023 dt.15-02-2025

employee, the petitioner made an application for grant of

compassionate appointment on Class III post. Some documents

have been sought from the petitioner by letter dated 28.12.2019

which was deposited by the petitioner on 22.01.2020.

Subsequently some more documents were sought from the

petitioner which relates to his mother. Since the petitioner was not

having such documents, therefore, he replied accordingly. In spite

of that, no decision has been taken by the respondents as yet and

the matter is still pending.

3 Learned counsel for the respondents submits that the

Three Members Committee was constituted to enquire into the

matter and it was found that there was some lacunae and errors

present and as the date of birth of the mother of the petitioner

appears to be suspicious, no decision has been taken by the

respondents as yet.

4 Perusal of the enquiry report submitted by the Three

Members Committee (Annexure R/E) shows that the Committee

found overwriting in the service book of the deceased employee on

the date of birth. It was further found by the Committee that the

difference of age between the deceased employee and the

petitioner is 14 years 8 months and 4 days.

Patna High Court CWJC No.10436 of 2023 dt.15-02-2025

5 The error found by the Committee, if accepted on its

face value, undisputedly it is a fact that the petitioner is the

dependent son. While deciding the claim of the petitioner for

grant of compassionate appointment, the overwriting on the

service book of the deceased employee cannot be considered.

6 Therefore, it would be appropriate to dispose of the

petition with a direction to the respondents to decide the claim of

the petitioner for grant of compassionate appointment in

accordance with the relevant rules and laws and pass a reasoned

order as early as possible preferably within a period of six months

from the date of receipt/production of a copy of this order.

(Arvind Singh Chandel, J) M.E.H./-

AFR/NAFR                     NAFR
CAV DATE                      NA
Uploading Date           18.02.2025
Transmission Date             NA