PATNA, India, Oct. 14 -- Patna High Court issued the following judgment on Sept. 15:

Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have filed the instant writ application for the following relief(s) :-

"(i) For issuance of a writ in the nature of certiorari to quash and set aside the memo no.975 dated 31.8.2015 (Annexure-5 Series) issued by the District Magistrate, Sasaram (Respondent no.7) whereby and where under the application of the petitioner no. 1 relating to his compassionate appointment as well as his candidature for appointment on compassionate ground has been rejected in the light of letter no. 15783 dated 12.11.2014 issued by the Department of General Administration, Govt. of Bihar, Patna.

(ii) For further issuance of a writ in the nature of mandamus directing/commending the respondents concerned specially the respondent no. 7 to make appointment of the petitioner no. 1 on compassionate ground and to grant other consequential benefits for which the petitioners are entitled to in accordance with law. (iii) For any other relief/reliefs, for which the petitioners are entitled to."

3. The case of the petitioners in brief is that the father of petitioner no.1 who was working at the relevant time as a Pump Operator under the Executive Engineer, Public Health Mechanical Division, PHED, Sasaram died in harness on 19.11.2010 leaving behind his widow (petitioner no.2), three sons (including the petitioner no.1) and four married daughters.

4. The petitioner no.1 applied for appointment on compassionate ground in the year 2011 enclosing the affidavits and no objections from the petitioner no.2 as also the other brothers and sisters. On the respondents demanding a fresh application, another application was filed by the petitioner no.1 on 31.12.2014.

5. It was the case of the petitioner no.1 that his full brother Mithilesh Kumar Singh who happens to be a Constable in the Central Reserve Police Force (C.R.P.F) has been living separately from the family since the year 2003 and he has also sworn an affidavit to the said effect. He has denied to maintain the joint family due to liability of his own wife and sons. The application of the petitioner no.1 was considered by the District Level Compassionate Appointment Committee under the Chairmanship of the District Magistrate, Rohtas at Sasaram and in light of letter no. 15783 dated 19.11.2014, the application of the petitioner no.1 was rejected by order dated 31.8.2015.

6. It is submitted by learned counsel for the petitioners that the respondents have committed illegality in rejecting the application for appointment on compassionate ground insofar as they did not take into consideration the affidavit filed by the full brother of petitioner no.1 making the statement that he has been living separately with his wife and children for the last five years and has no connection with the petitioner no.1, their mother and the other members of the family. It was further submitted that while the death of the father of the petitioner no.1 had taken place on 19.11.2010, the respondents had incorrectly applied the departmental letter dated 19.11.2014 in deciding the application.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjODA5MSMyMDE3IzEjTg==-fKiN--am1--ieL--am1--YA=

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