Delay in taking a decision on an application for compassionate appointment is not justified.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8006 of 2021

======================================================

Kanhaiya Kumar Singh Son of Late Chandra Mohan Singh Resident of

Village - Pure Chhapra, P.O. - Sonoho Bhatha, P.S. - Parsa and District- Saran

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, The Department of

Panchayati Raj, Old Secretariat, Govt. of Bihar, Patna

2.

The District Magistrate Saran at Chhapra

3.

The District Panchayati Raj Officer Saran at Chhapra

4.

The Block Development Officer At Garkha Block Office, District - Saran

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Shiv Shankar Prasad Yadav

For the Respondent/s

:

Mr.Lalit Kishore ( Ag )

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 05-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19

pandemic.

2. State counsel accept notice for respondent nos. 3

and 4.

3. In the instant petition, petitioner has prayed for

following reliefs:

“1) That by way of this

application the petitioner seeks a

COMPASSIONATE APPOINTMENT to a

Class-3 post in the department of the

Panchayat Raj of the Govt. of Bihar in view

of the death-in-harness of his deceased father

namely Late Chandra Mohan Singh, who

died on 20.10.2019 during the period of his

Patna High Court CWJC No.8006 of 2021 dt.05-01-2022

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service to the post of a Panchayat Secretary at

Block Office, Garkha of Saran district, vide

the death certificate of his deceased father;

despite the eligibilities and qualifying

features of the petitioner, his representations

for the consideration of his case failed to

fetch any relief for himself, thus he has

moved this Hon’ble Court for a

direction/directions to the respondents No. 02

to 04 to select and appoint the petitioner to a

Class-3 post of the department, as an

annexure to this application.”

4. Short question for consideration in the present

petition is whether petitioner is entitled for compassionate

appointment on account of death of his father, late Chandra

Mohan Singh, who died while he was in service on 20.10.2019

or not? Respondent Nos. 2 to 4 have not taken any decision as to

whether petitioner is entitled for compassionate appointment or

not for these many years.

5. The very object of providing compassionate

appointment is to meet immediate harness in the family.

Therefore, it is not correct on the part of the concerned

respondents to sleep over the matter. Therefore, the concerned

respondent is hereby directed to take decision and pass speaking

order within a period of one month from the date of receipt of

this order, failing which, petitioner is entitled to litigation cost

and it is quantified as Rs. 10,000/-.

Patna High Court CWJC No.8006 of 2021 dt.05-01-2022

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6. With the aforesaid observations, the instant

petition stands disposed of.

rakhi/-

(P. B. Bajanthri, J)

AFR/NAFR

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