Ujjwal Kant vs The State Of Bihar & Ors on 12 February, 2018

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Patna High Court - Orders

Ujjwal Kant vs The State Of Bihar & Ors on 12 February, 2018

Bench: Mohit Kumar Shah

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18743 of 2017
                 ======================================================
                 1. Ujjwal Kant, Son of Late Krishna Kumar, Resident of Village- Naya
                 Aahar, Post Habibpur, P.S.- Parwalpur, District- Nalanda
                                                                      .... Petitioner
                                                    Versus
                 1. The State of Bihar through Principal Secretary, Water Resource
                 Department, Bihar, Patna.
                 2. The Principal Secretary, Water Resource Department, Govt. of Bihar,
                 Patna.
                 3. The District Compassionate Committee through its Chairman, District
                 Magistrate, Muzaffarpur
                 4. The District Magistrate, Muzaffarpur.
                 5. The Deputy Collector, Establishment, Muzaffarpur.
                 6. The Superintending Engineer, Mechanical, Irrigation Mechanical
                 Division, Muzaffarpur.
                 7. The Executive Engineer, Mechanical, Irrigation Mec hanical Division,
                 Muzaffarpur                                          .... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner       : Mr. Sanjeev Kumar Singh, Adv.
                 For the Respondents       : Mr. Vinay Kriti Singh, GA II
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                 ORAL ORDER

2   12-02-2018

Heard the learned counsel for the petitioner and also the learned counsel for the State.

It is seen from the records that the application of the petitioner for appointment on compassionate ground has been rejected merely on the ground of technicality and that too on the ground that out of five copies of application, required to be filed, one of the application had,, by mistake been signed by the petitioner.

In view of the facts and circumstances of the present case, I find that the authorities have clearly misdirected Patna High Court CWJC No.18743 of 2017 (2) dt.12-02-2018 2/2 themselves in rejecting the application of the petitioner for appointment on compassionate ground on a trivial issue, hence, the letter, dated 31.08.2017, by which the petitioner has been communicated regarding rejection of his claim for compassionate appointment, is set aside and consequently any other decision rejecting the claim of the petitioner is also quashed.

Respondents are directed to consider the application of the petitioner for appointment on compassionate ground afresh on merits within a period of six weeks from today.

The writ petition is disposed off in the aforesaid terms.

(Mohit Kumar Shah, J) SA/-

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Patna High Court - Orders