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2024 DIGILAW 929 (PAT)

Rakesh Kumar v. State of Bihar

2024-10-01

BIBEK CHAUDHURI

body2024
ORDER On the death of the father of the petitioner in-harness on 11.08.2009, the petitioner was appointed on compassionate ground in Class-IV Cadre ¼vuqlsod@ifjpkjh½ in Grade Pay of Rs.1800/- and he joined his service on the said post on 14.09.2012 on the basis of a Notification No.719 dated 12.09.2012. Since the petitioner had academic qualification of Intermediate pass, he applied for his appointment in Group-III post at the Grade Pay of Rs.1900/-. 2. The District Compassionate Appointment Committee, Banka rejected his application on the ground that District Compassionate Appointment Committee, Banka in its meeting dated 04.04.2013 decided that the applicants, who passed graduation examination would be employed in Group-III and others having less academic qualification would be appointed in Group-IV on compassionate ground. On the basis of the said decision dated 04.04.2013, the District Compassionate Appointment Committee, Banka felt it convenient to not rely upon the decision of this Court passed in CWJC No.14552 of 2022 dated 20.02.2024. 3. The learned Advocate on behalf of the petitioner refers to a Notification dated 25.04.2022 issued by the General Administration Department in Paragraph-Kha of the said notification, it is clearly stated that ^^vuqdEik lfefr;ksa }kjk vuqdEik ds vkèkkj ij fu;qfDr ds fy, vuq'kalk mEehnokj dh 'kS{kf.kd ;ksX;rk dks è;ku esa j[kdj fd;k tk;sxkA eSfVªd mÙkh.kZ vkfJrksa dh fu;qfDr gsrq vuq'kalk xzsM is 1800@& ds fy, dh tk,xh vkSj eSfVªd ls mPprj ;ksX;rkèkkjh vkfJrksa dh fu;qfDr gsrq vuq'kalk xzsM is 1900@& ds fy, dh tk,xhA** 4. Since, the petitioner passed Intermediate, he was entitled to be appointed in the cadre having Grade Pay of Rs.1900/-. 5. The District Compassionate Appointment Committee, Banka cannot take any contrary decision in its meeting dated 04.04.2013 in violation of the direction passed by the General Administration Department on 25.04.2012. 6. The learned Advocate for the petitioner also refers to the decision of the District Compassionate Appointment Committee, Banka dated 30.12.2016 where two applicants, namely, Ashish Kumar and Rashmi Priya having intermediate degree were appointed in Group-III cadre. 7. Therefore, this Court is of considered view that the petitioner was discriminated arbitrarily and without considering the notification of the General Administration Department on 25.04.2012 and the judgment of this Court passed in C.W.J.C. No.1748 of 2013, C.W.J.C. No.14494 of 2022 as well as similar decisions on the same line. 7. Therefore, this Court is of considered view that the petitioner was discriminated arbitrarily and without considering the notification of the General Administration Department on 25.04.2012 and the judgment of this Court passed in C.W.J.C. No.1748 of 2013, C.W.J.C. No.14494 of 2022 as well as similar decisions on the same line. Therefore, the impugned order passed by the District Compassionate Appointment Committee, Banka dated 19.06.2024 in respect of the petitioner was quashed and set aside. 8. The District Compassionate Appointment Committee, Banka is directed to re-consider the case of the petitioner in the light of the observation made in the instant writ petition herein-above, within 90 days from the date of communication of this order. 9. With the above order, the instant writ petition is disposed of.