The Court dismissed a writ application seeking compassionate appointment for a petitioner's son whose father died in harness in 2001. Finding the application devoid of merit due to significant delay and lack of requisite qualifications, the Court declined to grant the direction.
Direction for consideration of appointment of petitioner no. 2 was denied.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19058 of 2019
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate For the Respondent/s : Mr. Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
3 04-11-2019 Heard learned counsel for the parties.
relief, which the petitioners are seeking. Petitioners’ father was working as a constable in Bihar Home Guards. He died in harness on 18.09.2001. Petitioner no. 2 was hardly 10 years of age at the time of death of the deceased employee. Petitioner no.
Patna High Court CWJC No.19058 of 2019(3) dt.04-11-2019 2/3
for compassionate appointment, which was rejected on 26.06.2003 by the Divisional Commandant, Tirhut Division, Bihar Home Guards, Muzaffarpur mainly on the ground that he did not hold the minimum qualification of 8th pass, as there was no provision under which he could be appointed against a ClassIV post without having qualification of 8th pass. Six years thereafter, the petitioner no. 2 passed his Matriculation examination in 2009 and Intermediate examination in 2011. It is petitioners’ case that this time petitioner no. 2 applied for his appointment on compassionate ground which came to be rejected by order dated 03.06.2010 passed by the Commandant, Bihar Home Guards, Patna on the ground of his application being time barred. The said order dated 03.06.2010 is being assailed by filing the present writ application on 13.09.2019.
Patna High Court CWJC No.19058 of 2019(3) dt.04-11-2019 3/3
be accepted, the petitioners are seeking direction for consideration of appointment of petitioner no. 2 by filing the present writ application in 2019 consequent upon death of his father in harness in 2001.
(Chakradhari Sharan Singh, J)
Rajesh/-
U
2 issues framed by the court
Whether a writ direction can be issued for compassionate appointment of a petitioner's son who died in harness in 2001, when the application is filed in 2019.
Whether the delay in filing the writ application is excusable given the petitioners' lack of knowledge about the rejection order.
1 provisions across 1 enactments
Ranjeet Prasad
Baljeet Kumar
The State of Bihar
Principal Secretary, Home Department Government of Bihar
Director General of Police, Bihar
Commandant, Bihar Home Guard
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
