GOPAL KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner, Mr. Atul Kumar, AC to GA-4, for the State and Ms. Smriti Singh, AC to Mr. Bindhyachal Singh, for respondents nos. 3 and 4.

(2.) The petitioner prays for issuance of a writ in the nature of mandamus commanding the respondent authorities which includes the District and Sessions Judge, Lakhisarai as the Chairman of the Compassionate Committee, to appoint the petitioner on compassionate ground on any Class IV post within the Judgeship of Lakhisarai.

(3.) A counter affidavit is filed and while it has been admitted by the respondents that the case of the petitioner has been recommended for appointment by the District Court vide letter no. 596/2016 dated 27.7.2016 as stated in paragraph 6 of the counter affidavit, in paragraph 7 of the counter affidavit it is admitted that the High Court has approved the appointment subject to availability of vacancy. It is next stated that under circular dated 7.8.2016 of the High Court only 3% of the sanctioned strength is ear-marked for compassionate appointment and which though has been enhanced to 5%, yet the case of the petitioner cannot be considered because there are already five appointments made on Class IV post on compassionate ground as against the cadre strength. It is on this ground that the claim of the petitioner has been rejected.