Dismissed

Sanjay Kumar v. the State of Bihar and Ors.

Patna HC17 Aug 2012CWJC/14331/2011

Case brief

AI extract

What is this about?

The Court allowed the petitioner to withdraw the writ petition for compassionate appointment to enable the deceased's wife to apply. The respondents were directed to dispose of her application via a reasoned order within four months.

What did the court decide?

Petitioner permitted to withdraw petition; respondents directed to consider and dispose wife's application within four months via reasoned order.

Sanjay Kumar Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14331 of 2011

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====================================================== 1. Sanjay Kumar S/O Late Dilip Kumar R/O Vill.- Bhouara, Wardno. 26, P.S. & Distt.- Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar 2. Secretary Personal & Administrative Reforms Deptt., Government Of Bihar, Patna 3. Collector-Cum-Chairman District Compassionate Committee, Madhubani 4. Divisional Officer, Madhubani 5. Civil Surgeon-Cum-Chief Medical Officer, Madhubani 6. Distt. Development Officer, Rahika, Distt.- Madhubani .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Basant Kumar Choudhary, Sr. Adv. Mr. Kripa Nand Jha, Adv. For the Respondent/s : Mr. Rishiraj Sinha GP-19 Mr. Rakesh Prabhat, Adv. Mr. Rakesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 4 17-08-2012 Heard learned counsel for the petitioner and the State. The Joint Secretary, Department of General Administration is present. A fresh counter affidavit has also been filed on behalf of the respondents. The thrust of the submission for compassionate appointment on behalf of the petitioner, younger son of the deceased was a Government instruction dated 1.7.2008 that he was eligible to be considered notwithstanding the fact that his elder may be in government service. The counter affidavit filed today encloses an order

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Patna High Court CWJC No.14331 of 2011 (4) dt.17-08-2012

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dated 10.5.2010 of the Department of general Administration stated to be an outcome of an order of the Court in C.W.J.C. Nos. 6668 of 2003/7044 of 2003 passed by a Bench in conformity with an earlier Division Bench order report in 2004(2) PLJR 453, opining that such claim for compassionate appointment was not maintainable.

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Learned counsel for the petitioner submits that without prejudice to his rights and contentions, the application may be permitted to be withdrawn to permit the mother, wife of the deceased to apply for compassionate appointment.

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Counsel for the respondents do not dispute her right to be considered on her own merits in accordance with law.

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If such an application is filed by the wife of the deceased within four weeks from today, the respondents are required to consider and dispose it by a reasoned and speaking order within a maximum period of four months from the date of receipt and/or presentation of such application.

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The writ application stands disposed.

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P. Kumar/-

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(Navin Sinha, J)

Sanjay Kumar v. the State of Bihar and Ors.

Case brief

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Sanjay Kumar v. the State of Bihar and Ors.

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