IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18347 of 2022 ======================================================

Chunchun Kumar Son of Late Kapildeo Paswan, Resident of Mohalla-Vikas Nagar, Ward No.-8, Barh, P.O. and P.S. -Barh, District-Patna-803213.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Principal Secretary, Building Construction Department, Bihar, Patna.

3. The District Magistrate, Patna.

4. The Chief Engineer, Building Construction Department, Bihar, Patna.

5. The Electrical Superintending Engineer, Building Construction Department, Electrical Works Circle, South Bihar, Patna.

6. The Electrical Executive Engineer, Building Construction Department, Electrical Works Division No.-1, Patna City, Gulzarbagh, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ram Shankar Prasad, Advocate : Mrs.Jahan Ara, Advocate For the Respondent/s : Mr.Sanjay Kumar, AC to Ex-GA-13 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 24-02-2026 Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

“(i) For issuance of appropriate writ or writs / order or orders /direction or directions in the nature of "Writ of Mandamus" commanding and directing the Respondents to consider the claim of the petitioner for his appointment on compassionate ground and to appoint him to earliest fixing a reasonable time frame on appropriate post as the father of the petitioner although missing since 06.08.2002 but was declared dead by the competent authority in the year 2010.

(ii) For issuance of appropriate declaration that the action of the respondents concerned in not appointing the petitioner on a suitable post under compassionate ground in question is highly illegal, arbitrary, malicious and tantamounting to violation of the Fundamental Rights, Human Rights and Natural Rights of the petitioner in the facts and circumstances of the case.

(iii) For any other relief or reliefs if the petitioner is found entitled for;

In view of court's order dated 13.02.2024, the additional prayer has been added as fallows:-

(iv) For setting aside the order contained in Memo No. 383 dated 27.01.2023 [Anx.- 18 forming part of the main writ application) passed by District Level Compassionate Committee, Patna headed by the District Magistrate-cum-Chairman whereby and where under the claim of the petitioner has been rejected during pendency of the present writ application without issuing any notice and without hearing the petitioner and without considering the facts and circumstances of the case which is not sustainable in the eye of law.

(v) To hold and declare that the impugned order dated 27.01.2023 in question as illegal, null and void and not valid document and not binding upon the petitioner and to stay the operation of the same till the pendency of the case.

(vi) For issuance of appropriate writ or writs / order or orders /direction or directions in the nature of "Writ of Mandamus" commanding and directing the Respondents to consider the claim of the petitioner for his appointment on compassionate ground and to appoint him to earliest fixing a reasonable time frame on appropriate post as the father of the petitioner although missing since 06.08.2002 but was declared dead by the competent authority in the year 2010.

(vii) For issuance of appropriate declaration that the action of the respondents concerned in not appointing the petitioner on a suitable post under compassionate ground in question is highly illegal, arbitrary, malicious and tantamounting to violation of the Fundamental Rights, Human Rights and Natural Rights of the petitioner in the facts and circumstances of the case.”

3. The learned counsel for the petitioner submits that the father of the petitioner was appointed on the post of skilled labourer in the erstwhile Bihar State