Patna High Court - Orders
Subash Kumar Choudhary vs The State Of Bihar & Ors on 11 December, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16165 of 2016
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Subash Kumar Choudhary
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinay Raj, Adv.
For the Respondent/s : Mr. Partha Sarthi-GA4
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
4 11-12-2017Heard Mr. Abhinay Raj, learned counsel for the petitioner and Mr. Partha Sarthi, G.A.4 for the State.
The contest is whether a compassionate appointment can be denied to a dependant of the deceased Government employee in case one of the children is gainfully employed. There have been divergent opinion on the issue and which stands noted in an order of this Court passed on 16.03.2017 in similar matters arising from C.W.J.C.No.17143 of 2016 (Niraj Kumar Mallick Vs. the State of Bihar & Ors.) heard along with C.W.J.C.No.19713 of 2016 (Sandip Chauhan Vs. the State of Bihar & Ors.). This Court taking note of the divergent opinion of two Division Bench on the issue, has referred the matter before Hon'ble the Chief Justice for placement before an appropriate Division Bench for an authoritative pronouncement on the issue. It is informed by Mr. Abhinay Raj that the Division Bench taking note of the opinion(s) Patna High Court CWJC No.16165 of 2016 (4) dt.11-12-2017 2/2 recorded on the issue, have referred the matter to be heard by a Full Bench of this Court. The matter rests at that stage.
Considering that the judgment and order to be passed by the Full bench on the issue discussed would have a direct bearing to the issue raised in the present case in which the petitioner has been denied compassionate appointment because his brother is gainfully employed, I am of the opinion that the hearing of the present case await the pronouncement by the Full Bench.
In the circumstances, let this case be put up for consideration after disposal of C.W.J.C.No.17143 of 2016 (Niraj Kumar Mallick Vs. the State of Bihar & Ors.) heard along with C.W.J.C.No.19713 of 2016 (Sandip Chauhan Vs. the State of Bihar & Ors.) by the Full Bench of the Court.
Leave is granted to Mr. Abhinay Raj to make motion for analogous hearing of the present case, if so advised.
(Jyoti Saran, J) Bibhash/-
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