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2023 Supreme(Pat) 924

MOHIT KUMAR SHAH
Madan Ram – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sunil Kumar.
For the Respondents: Mr. Dhurjati Kumar Prasad, GP-14.

Mohit Kumar Shah, J. – The present writ petition has been filed for directing the Civil Surgeon cum Chief Medical Officer, Gaya to appoint the petitioner on compassionate ground.

2. The brief facts of the case are that the father of the petitioner died in harness on 19.03.1985 while he was posted as Fourth Grade employee (Sweeper) at the Sub-Divisional Hospital, Jehanabad. The petitioner is stated to have applied for compassionate employment after the death of his father, whereupon his case was placed before the District Compassionate Appointment Committee, Gaya in its meeting held on 21.01.1986 and the Committee had then recommended the name of the petitioner for appointment on compassionate ground, however, it is the case of the petitioner that till date he has not been appointed on compassionate ground.

3. Per contra, the learned counsel appearing for the respondent-State has submitted, by referring to the counter affidavit filed in the present case that it is apparent from the documents submitted by the petitioner that his date of birth is 12.09.1976, hence he was a minor as on the date of recommendation made by the District Compassionate Appointment Committee, Gaya for appointme

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