VIVEK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by Vivek Kumar, the writ-petitioner, challenging the order dtd. 18/11/2024 passed by the learned Single Judge in C.W.J.C. No. 5950 of 2023.

(2.) It is the case of the appellant that his father was employed as Guard in the Minor Water Resources Department as a regular Government employee and posted in the office of Chief Engineer, Minor Water Resources Department, Government of Bihar, Patna. His date of retirement was 31/1/2031, however, he died on 6/4/2014, and at the time of his death, the appellant was aged about 14 years and at that time, the appellant's mother was not eligible for appointment, as she was illiterate. The elder sister of the appellant was married and she expressed her unwillingness for appointment. Two sisters of the appellant were younger to the appellant and they were also minor in the year 2014. The appellant completed the Secondary School Examination in the year 2020 and during Covid-19 period he could not take any positive steps for compassionate appointment and after the relaxation granted by the Government in country wide lock down he made an application before the concerned authority but the same was turned down by the District Level Compassionate Committee on the ground of delay.

(3.) When the notice was issued, counter affidavit has been filed by Respondent Nos. 1 and 2 by Sunil Kumar, Chief Engineer, M.W.R.D., Patna wherein it is stated as follows:-