ATUL KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties online because of COVID-19 pandemic restrictions.

(2.) The petitioner has put to challenge the decision of the District Compassionate Appointment Committee, Gopalganj dtd. 17/10/2019, issued vide Memo No. 877 dtd. 20/12/2019, whereby his claim for appointment on compassionate ground has been rejected. The said communication has been brought on record by way of Annexure-14 to the writ application.

(3.) From the facts averred in the writ application it emerges that one Kamalawati Devi was working against the post of LHV in Primary Health Centre, Bijaipur under Civil Surgeon, Gopalganj. It is the petitioner's case that said Kamalawati Devi was married to one Mani Bhushan Prasad in the year 1975, who subsequently separated by a decree of divorce on a joint application. The said Mani Bhushan Prasad solemnized second marriage. Mani Bhushan Prasad and his second wife also died without any issue. It is the petitioner's further case that after death of Mani Bhushan Prasad said Kamalawati Devi started living with his brother, namely, Chhotan Prasad Srivastava and in the year 1987 she adopted the petitioner, son of said Chhotan Prasad Srivastava. Kamalawati disappeared in mysterious circumstances in the month of January 2001, who is still traceless. Immediately seven years after disappearance of said Kamalawati Devi the petitioner filed Succession Case No. 27 of 2008 in the court of learned Sub-Judge-I, Saran at Chapra, which was allowed in 2012 and accordingly in 2012 he was granted succession certificate after declaring civil death of said Kamalawati Devi. The petitioner claims to have received legal dues consequent upon civil death of said Kamalawati Devi, as stated in paragraph 10 of the writ application.