HIGH COURT OF JUDICATURE Vs. AMIT KUMAR

JUDGEMENT

(1.) THE High Court of Judicature at Patna, in the administrative side, aggrieved by the order dated 2.8.1999 passed by a learned Single Judge in C.W.J.C. No. 10854 of 1997, has preferred this appeal under Clause 10 of the Letters Patent.

(2.) SOME times benevolence shown by the court makes a person greedy. The case in hand depicts that. The writ petitioner -respondent No. 1, hereinafter referred to as the writ petitioner, filed writ application before this Court, inter alia, praying for issuance of a writ in the nature of mandamus commanding the High Court to appoint him on any post commensurate to his qualification on compassionate ground. Writ petitioner 'sfather was an employee of the court who died in a road accident on 2.8.1994, while in service. Writ petitioner although a minor filed application dated 29.6.1995 for appointment on compassionate ground. The Court showing benevolence by letter dated 25th July, 1995 informed him that his case will be considered immediately after he attains the age of 18 years in the month of April, 1996. Ultimately, after various correspondences, he was appointed as Mazdoor on daily wages on compassionate ground. A minor has no right to be appointed on compassionate ground later on attaining the age of majority. If it is done, it shall amount to reservation in compassionate appointment. This proceeding is not an appropriate proceeding to go into the validity of the appointment. Be that as it may, it is common ground that the writ petitioner joined the post of Mazdoor and now, he is working as Ex -Cadre Assistant.

(3.) MR . Ajay Kumar Thakur, learned Counsel appearing on behalf of the writ petitioner -respondent, however, contends that writ petitioner may not have any right to be appointed to a particular post, but certainly, he has right to be considered for appointment to a Class III post, except that of Assistant or above under the aforesaid Rule, in case, he is eligible and possesses the qualification for that.