RAMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) The Petitioner seeks quashing of the order contained in memo No. 1779 dated 30.10.2006 (Annexure-6) passed by the District Magistrate, Gaya, Respondent No. 2 by which the recommendation of the District Compassionate Committee at its meeting dated 12.8.2006 to appoint the Petitioner on a Class-III post has been cancelled. He further seeks quashing of the letter contained in memo No. 153 dated 31.1.2007 of the Establishment Deputy Collector, Gaya to the same effect.

(3.) The facts of this case lie in a narrow compass. The mother of the Petitioner, Malti Devi, who was a Female Warden working in Lady Elgin Janana Hospital, Gaya died on 16.2.2003 leaving behind her husband, Ramjee Prasad, the Petitioner Ramesh Kumar, aged about 15 years and a minor daughter Lata Kumari. The father of the Petitioner filed an application for appointment on compassionate ground which in due course was taken up for consideration by the District Compassionate Committee at its meeting dated 19.6.2004 and under memo No. 879 dated 26.6.2004 it was recommended to appoint the father of the Petitioner on a Class-IV post. However, before any appointment letter could be issued, and as a matter of fact none has been issued till date, the father of the Petitioner through his letter dated 7.4.2006 (Annexure-3) wrote to the Medical Superintendent, Lady Elgin Janana Hospital, Gaya that during the three years that had elapsed after the death of his wife, appointment letter has not been issued and in the meantime he himself was not keeping well and accordingly, he prayed that appointment on compassionate ground may be given to his son Ramesh Kumar, the Petitioner. The said letter was duly received on 8.4.2006 by the Medical Superintendent. Subsequently on 4.5.2006 the Petitioner filed an application for appointment on compassionate ground which was forwarded by the Medical Superintendent, Lady Elgin Janana Hospital. On 14.10.2006 an affidavit of the father of the Petitioner pressing the case of the Petitioner for compassionate appointment was also filed.