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2004 DIGILAW 953 (PAT)

Harendra Prasad Bhagat v. State Of Bihar

2004-09-13

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. This pertains to appointment of the petitioner on compassionate ground. 3. It is contended by learned counsel for the petitioner that on account of death of the father of the petitioner in harness on 6.4.1998 the petitioner applied for this appointment on compassionate ground and his application was considered and the District Compassionate Appointment Committee (hereinafter to be referred to as "Committee") vide its resolution dated 29.3.2000 recommended the case of the petitioner and others for appointment on compassionate ground, but till date appropriate decision has not been taken in the matter by the competent authority. It is further submitted that it would appear from the recommendation of the Committee that the petitioner was seventh passed and even the persons, who had qualification of Class sixth passed, were also recommended and one of the recommended persons, namely, Kalika Singh, who is at serial no. 35, was only Class sixth passed, and finally he has been appointed to Class IV post. 4. A counter affidavit has been filed on behalf of the respondents stating therein, inter alia that since the petitioner is not having requisite qualification of Class Eight passed, he would not come within the zone of consideration for appointment. 5. JC to SC 3, however, submits that he has no instruction as to whether the claim of the petitioner for appointment on compassionate ground has finally been rejected. 6. Since the State Government has relaxed the rule in case of Kalika Singh aforesaid, who has already been appointed having lesser qualification, in my opinion, the case of the petitioner also requires consideration by the State authorities. 7. Considering the facts and circumstances of the case, the competent appointing authority is directed to consider the case of the petitioner for his appointment on compassionate ground keeping in view the fact that one similarly situated person, namely, Kalika Singh, has already been considered and appointed on compassionate ground. 8. This exercise, however, must be completed by the competent authority within a period of six weeks from the date of receipt/production of a copy of this order. 9. With the direction/observation aforesaid, this application is disposed of.