Petitioner filed a writ petition seeking compassionate appointment after his father's death. The court held the application was barred by time as it was filed beyond the five-year limitation period, leading to the dismissal of the petition.
No direction was issued for the petitioner's appointment as the application was barred by time.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1797 of 2020
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Chandan Kumar, S/o Chhatneshwar Paswan Resident of Mohalla- Chowki, P.S.- Shahebpur Kamal, District- Begusarai.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Dr. Shashi Shekhar Kishore, Advocate For the Respondent/s : Mr.Sheo Shankar Prasad ( SC-8 ) ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
4 25-07-2023 1. The petitioner's claim for compassionate appointment has been rejected by the compassionate committee in its meeting dated 28-09-2016. Aggrieved by such rejection of his claim, he has approached this Court.
Patna High Court CWJC No.1797 of 2020(4) dt.25-07-2023 2/2
appointment, the petitioner had five years time for applying to avail the benefit of compassionate appointment. Five years in the instant case lapsed on 23-11-2013. Nine months thereafter, the petitioner has made his application for appointment on compassionate grounds as he obtained the requisite educational qualification for compassionate appointment on 05-06-2014.
(Madhuresh Prasad, J)
SUMIT/-
U
3 issues framed by the court
Whether a claim for compassionate appointment is maintainable when the application is filed after the statutory limitation period has lapsed.
Whether the dismissal of the writ petition against the rejection of the compassionate appointment claim should be allowed.
Whether the decision of the District Compassionate Committee suffering from any infirmity due to the delay in filing the application.
Chandan Kumar
The State of Bihar through the Chief Secretary, Govt. of Bihar
The Principal Secretary, Department of General Administration, Govt. of Bihar
The Chairman District Compassionate Committee cum District Magistrate, Begusarai
The Sub-Divisional Officer, Balia, District- Begusarai
The Station House Officer, Sahabpur Kamal, Police Station, District Begusarai
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
