Kumar Shivam Shekhar vs The State Of Bihar
2025 Latest Caselaw 1829 Patna

Patna High Court

Kumar Shivam Shekhar vs The State Of Bihar on 17 February, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8638 of 2024
     ======================================================
     Kumar Shivam Shekhar Son of Late Sunil Paswan, Resident of Village - New
     Area Maulabag, P.O. - Daudnagar, P.S. - Daudnagar, District - Aurangabad,
     Bihar - 824143.

                                                               ... ... Petitioner/s

                                       Versus


1.   The State of Bihar through the Additional Chief Secretary, General
     Administration Department, Govt. of Bihar, Patna.
2.   The District Magistrate, Aurangabad.
3.   The Sub-Divisional Officer, Daudnagar, District - Aurangabad.
4.   The Block Development Officer, Daudnagar, District - Aurangabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Ms. Muskan Singh
     For the Respondent/s   :     Mr. Ramadhan Singh
                                  G.P. 25
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
     ORAL JUDGMENT

      Date : 17-02-2025

                       Heard learned counsel for the petitioner and

      learned counsel for the respondents-State.

                       2. It is a matter of compassionate appointment.

                       3. Father of the petitioner namely Sunil Paswan

      died in harness on 12.12.2017 while he was working as a Clerk

      in Sub-Divisional Office, Daudnagar, Aurangabad. Being a son

      of the deceased, the petitioner made his application for grant of

      compassionate appointment on 10.12.2022. Till date no decision
 Patna High Court CWJC No.8638 of 2024 dt.17-02-2025
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         has been taken by the respondent on the application submitted

         by the petitioner. Therefore, it is prayed by the counsel that the

         respondent may be directed to consider the claim of the

         petitioner and pass reasoned order accordingly.

                          4. Counsel for the respondents submits that after

         submission of the application for grant of compassionate

         appointment the affidavit which has been sought by the

         department through Annexure-R-2/D is not submitted by the

         petitioner. Therefore, his application is still pending. He further

         submits that if the desired affidavit is filed by the petitioner then

         the matter will be considered and decided by the competent

         authority.

                          5. Taking into the submissions made by the

         counsels appearing for both the parties, the petition is disposed

         of with a direction to the petitioner to firstly comply with the

         direction given by the respondents through memo dated

         10.07.2024

i.e. Annexure-R-2/D and file his desired affidavit

positively within 3 weeks from today. On submission of such

affidavit, the respondents are also directed to take a decision in

the matter as early as possible preferably within 60 days from

the date of submission of such affidavit according to relevant

rules and law and further taking into consideration the Patna High Court CWJC No.8638 of 2024 dt.17-02-2025

observation made by the Hon'ble Supreme Court in the case of

The State of West Bengal Vrs. Debabrata Tiwari & Ors.

reported in 2023 LiveLaw (SC) 175.

(Arvind Singh Chandel , J) shailendra/-

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