Disposed

Amit Kumar Gautam v. The State of Bihar

Patna HC19 Apr 2023CWJC/2370/2023

Case brief

AI extract

What is this about?

This is an oral order where the Bench directed the Divisional Commissioner to ensure a committee takes a decision on the petitioner's request for compassionate appointment with age relaxation within two months.

What did the court decide?

Effective direction to the Divisional Commissioner to ensure the committee submits a report and an appropriate decision is taken within a period of two months from the date of receipt of this order.

Amit Kumar Gautam Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2370 of 2023

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Amit Kumar Gautam, Son of Late Rajendra Prasad Singh, Resident of Mohala- Lohiyanagar, Ward No.- 28, P.S.- O.P Lohiyanagar, DistrictBegusarai.

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... ... Petitioner

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Versus

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1. The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna.

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The Secretary, General Administration Department, Government of Bihar, Patna.

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The Special Secretary, General Administration Department, Government of Bihar, Patna.

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The Joint Secretary, General Administration Department, Government of Bihar, Patna.

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The Divisional Commissioner, Munger Division, Munger.

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The District Magistrate, Begusarai.

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The Deputy Collector, District Establishment Committee, Begusarai.

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The Block Development Officer, Shaebpur Kamal, Begusarai.

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Pushkar Narain Shahi, Sr. Advocate Mr. Shivam, Advocate For the Respondents : Mr. Ruchikar Jha, AC to SC-8 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 19-04-2023 Heard learned counsel for the petitioner and the State. Petitioner in the present case is seeking a direction to

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the respondent authorities to appoint him on compassionate ground as his father died in harness on 17.10.2018. The father of the petitioner was working as Panchayat Secretary in Sahebpur Kamal Gram Panchayat in the district of Begusarai.

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Learned counsel for the petitioner submits that the Block Development Officer, Sahebpur Kamal recommended the

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Patna High Court CWJC No.2370 of 2023(2) dt.19-04-2023 2/3

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case of the petitioner vide Annexure ‘1’ to the writ application but thereafter no further step was taken and the matter remained pending with the concerned authorities.

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Learned counsel submits that the petitioner made several representations to the Divisional Commissioner, Munger Division and made request to take a decision regarding grant of benefit of age relaxation in order to further facilitate his appointment on compassionate ground.

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Learned counsel submits that the maximum age for appointment is 25 years which may be relaxed up to 3 years whereas petitioner was aged about 38 years on the date of his application.

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Learned counsel for the State submits that he has instruction to say that the Divisional Commissioner, Munger Division, Munger has formed a committee for considering the case of the petitioner by giving relaxation in age. The said committee is likely to take a decision keeping in view the law and the precedents on the subject as also the special conditions which may prevail in the case of the petitioner.

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Having regard to the statements made on behalf of the State that the three members committee has already been constituted by the Divisional Commissioner, Munger Division, Munger and the said committee is likely to take a decision very

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Patna High Court CWJC No.2370 of 2023(2) dt.19-04-2023 3/3

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soon, this Court is disposing of this writ application with a direction to the Divisional Commissioner, Munger Division, Munger (Respondent No. 5) to ensure that the committee formed by him takes an appropriate decision in the light of the aforesaid considerations as have been submitted by learned counsel for the State, within a period of two months from the date of receipt/production of a copy of this order. Once the committee submits its report, an appropriate decision be taken within next two months.

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(Rajeev Ranjan Prasad, J)

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lata/-

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Amit Kumar Gautam v. The State of Bihar

Case brief

What is this about?

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Amit Kumar Gautam v. The State of Bihar

Case brief

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