PATNA, India, Sept. 25 -- Patna High Court issued the following judgment on Aug. 25:
The present appeal has been filed under Clause-X of Letters Patent of the Patna High Court Rules, 1916 against judgment dated 13.02.2024 passed by the learned Single Judge in CWJC No. 10199 of 2018, whereby the learned Single Judge dismissed the writ petition filed by the present appellant /original writ petitioner.
2. Heard Mr. Aditya Narain Singh, learned counsel for the appellant/original petitioner and Mr. Sanjay Kumar Ghosarvey, learned AC to AAG -3.
3. Learned counsel for the appellant/original petitioner has mainly contended that the father of the appellant/original petitioner was serving as an Assistant SubInspector in the district of Aurangabad and while he was on duty, he died on 20th May, 2013. It is further submitted that the appellant/original petitioner, son of the deceased employee, submitted an application for getting appointment on compassionate ground as per the scheme of the State Government, on 09.12.2013. It has further been contended that the said application was kept pending by the respondent authorities and, ultimately, the District Compassionate Committee, Aurangabad recommended the name of the appellant/original petitioner for his appointment on compassionate ground on 19.09.2014. Learned counsel referred the minutes of the meeting of the said committee, copy of which is placed on record at page -30 of the compilation.
4. At this stage, learned counsel for the appellant/original petitioner further submits that pursuant to the recommendation made by the concerned committee, the petitioner was asked to report to the Superintendent of Police, Aurangabad and thereafter the appellant/original petitioner went to the office of the Superintendent of Police, Aurangabad. However, Superintendent of Police, Aurangabad informed the appellant/original petitioner that there is no vacancy under the fixed quota of appointment on compassionate ground and he was asked to appear at Police Centre, Aurangabad along with all the required documents for necessary physical test for appointment on compassionate ground on the post of Sepoy. Learned counsel referred page -35 of the compilation. It has also been submitted that thereafter, his appointment was kept pending vide order dated 27.02.2017. At this stage, learned counsel for the appellant/original petitioner submits that ultimately vide order dated 07.02.2018, the appellant/original writ petitioner was informed that he cannot be considered for his appointment on compassionate ground as his brother is already in Govt. service and employed as a Driver in Railways since 23.04.2014. The petitioner, therefore, filed the captioned writ petition before this Court challenging the aforesaid order of the concerned respondent authority on different grounds.
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