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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Prabhat Kumar, S/o. Late Raj Kumar Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment and benefits. (Para 2 , 3) |
| 2. state argues compliance with orders. (Para 4) |
| 3. court reviews additional chief secretary's admission. (Para 5 , 6 , 7) |
| 4. court finds discrimination against petitioner. (Para 8) |
| 5. modification of earlier orders for the petitioner. (Para 9) |
| 6. writ petition allowed; no costs ordered. (Para 10 , 11) |
JUDGMENT :
(PURNENDU SINGH, J.)
Heard Mr. Amaresh Kumar Singh, learned counsel along with Mr. Dineshwar Prasad Singh, learned counsel appearing on behalf of the petitioner and Mr. Apurva Kumar, learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-
“(i) Issuance of an order, direction, writ in the nature of certiorari quashing that part of the memos no. 747 dated 14.12.2015 and 04 dated 02.01.2016 both issued by RDDE, Purnea by which the petitioner had been given appointment in class III post from the date of joining and the past services on class iv post has been Counted only for pensionary purpose.
(ii) Issuance of direction in the nature of Mandamus commanding the respondent authorities to treat the
The court ruled that employment discrimination necessitates rectification, confirming entitlement to benefits based on qualifications and prior rulings.
Compassionate appointments are not a matter of right and depend on the availability of vacancies; once an appointment is accepted, further claims for higher positions are not permissible.
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
The court emphasized the need for timely processing of compassionate appointments and ruled against arbitrary retrospective cancellations, recognizing the petitioner's entitlement to benefits for the....
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