IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2306 of 2023

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Ramun Ram, Son of Late Dimangal Ram, Resident of Badki Khadaw, P.S.-

Sahar, District- Bhojpur, Bihar.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health,

1st Floor, Vikas Bhawan, Bailey Road, Sardar Patel Marg, Patna, Bihar

800015

2.

The Principal Secretary, Department of Health, 1st Floor, Vikas Bhawan,

Bailey Road, Sardar Patel Marg, Patna, Bihar 800015

3.

The District Magistrate, Bhojpur, Ara.

4.

The Deputy Collector (Establishment), Bhojpur, Ara.

5.

The Civil Surgeon cum Chief Medical Officer, Bhojpur, Ara.

6.

The In-Charge Medical Officer, Primary Health Centre, Sahar, Bhojpur, Ara.

... ... Respondents

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Appearance :

For the Petitioner

:

Mr. Surendra Kumar Singh, Advocate

Mr. Prabhat Kumar Singh, Advocate

For the State

:

Mr. Rajeshwar Singh, GA-1

Mr. Jitendra Kumar, AC to GA-10

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

19-04-2023

Heard learned counsel for the petitioner and the State.

The petitioner in the present case is seeking a writ in

the nature of Writ of Mandamus commanding the District

Compassionate Appointment Committee, Bhojpur at Ara to

consider the application of the petitioner for appointment on

compassionate ground in place of his deceased father.

Learned counsel for the petitioner submits that the

petitioner’s father was working as Peon in the Primary Health

Centre at Sahar and he died in harness on 19.06.2004. It is the

case of the petitioner that he submitted an application on

Patna High Court CWJC No.2306 of 2023(2) dt.19-04-2023

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11.03.2005 to the Incharge Medical Officer, Sahar, Bhojpur for

his appointment on compassionate ground. The said application

was sent by the Deputy Collector (Establishment) on

09.07.2005. Learned counsel for the petitioner submits that

since then the application of the petitioner remained pending

because the petitioner was not a matriculate. It is submitted that

once again step was taken on the grievance petition of the

petitioner and the Incharge Medical Officer informed the Civil

Surgeon, Bhojpur that the proposal for appointment of the

petitioner on compassionate ground has already been forwarded.

In Letter No. 2013 dated 23.07.2016, the respondent Civil

Surgeon directed the Incharge Medical Officer to remove the

defects and sent the proposal in a prescribed form as also

explain the cause of delay in sending the recommendation for

compassionate appointment.

In these circumstances, it is stated that the petitioner is

not at fault as he had already submitted his application on

11.03.2005.

On the other hand, learned counsel for the State

submits that it is a case in which the father of the petitioner died

on 19.06.2004. Admittedly, in between the year 2005 and 2015

for a period of about 11 years the petitioner did not take any step

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to know about his application for compassionate appointment.

All of a sudden, the letters have been transacted in the year 2015

and 2016 and the Civil Surgeon has rightly pointed out to the

Incharge Medical Officer about the delay in sending the

proposal.

Learned counsel submits that the appointment on

compassionate ground is not a mode of appointment under the

Constitutional Scheme of the country. Despite it is being

violative of Article 14 and 16 of the Constitution of India, this

scheme has remained only because it is a welfare policy of the

State whereunder the State provides immediate help to its

employees who die in harness and because of the sudden death,

the family loses its bread earner and faces a state of Penury. It is

submitted that in the presen