IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6083 of 2021

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Chanchal Paswan Son of Late Chhedi Paswan, resident of Village - Kundi,

Jamgaon, near Kali Mandir, Ward No. 1, P.O. Puraini, P.S. Jagdishpur, District

– Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Bhagalpur.

3.

The Superintendent of Police, Bhagalpur.

4.

The Officer In-charge Jagdispur Police Station, District - Bhagalpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Brij Nandad Prasad, Advocate

For the Respondent/s

:

Mr. Lalit Kishore (AG)

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 07-02-2022

This matter is heard via video conferencing due to cir-

cumstances prevailing on account of the COVID-19 Pandemic.

In the instant petition, petitioner has prayed for the fol-

lowing relief(s):-

“(i) For issuance of writ in

the nature of Mandamus commanding

and directing the respondents, specially

District Magistrate, Bhagalpur, Respon-

dent no.2 to appoint the petitioner on

the post of Chawkidar on compassionate

ground on the death of his father who

died during his service period.

Patna High Court CWJC No.6083 of 2021 dt.07-02-2022

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(ii) For holding and declara-

tion that petitioner deserves ii. to get his

appointment on compassionate ground

on the death of his father during the ser-

vice period on the post of Chowkidar.

And/ or pass such other order

or orders as deem fit and proper in the

interest of Justice.”

Undisputedly, on account of death of petitioner’s father,

namely, late Chhedi Paswan in the year 1985, petitioner has pre-

sented this petition for compassionate appointment.

Learned counsel for the petitioner is unable to apprise

this Court the date on which petitioner has filed application for

compassionate appointment.

Hon’ble Apex Court time and again held that belated

claim for compassionate appointment is not permissible and it is

deprecated that there is no fundamental right to claim compassion-

ate appointment. That apart, late Chhedi Paswan died in the year

1985 petitioner’s family survived from 1985 to the date on which

present petition is presented. Therefore, the very object of provid-

ing compassionate appointment is to meet harness in the family.

Hon’ble Apex Court in the case of State of Jammu and

Kashmir vs. R.K. Zalpuri and Others; (AIR 2016 SC 3006), in

paragraph 20 it is held that belated litigation cannot be entertained.

Patna High Court CWJC No.6083 of 2021 dt.07-02-2022

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In the light of these facts and circumstances, the peti-

tioner has not made out a case. Accordingly, the present petition

stands dismissed on the ground of delay and laches.

Vikash/-

(P. B. Bajanthri, J)

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