High Court Patna High Court - Orders

Lalan Pandey vs The State Of Bihar &Amp; Ors on 1 April, 2011

Patna High Court – Orders
Lalan Pandey vs The State Of Bihar &Amp; Ors on 1 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.5129 of 2007
     LALAN PANDEY, son of late Bali Ram Pandey, resident of village Bhawanipur
     Jirat, P.S. Chhatauni, District- East Champaran at Motihari.
                                                                           ... Petitioner.
                                          Versus
     1. THE STATE OF BIHAR
     2. The Secretary, Board of Revenue, Govt. of Bihar, Patna.
     3. The Deputy Secretary, Board of Revenue, Govt. of Bihar, Patna.
     4. The District Magistrate, West Champaran at Bettiah.
     5. The Manager, Bettia Raj , Bettia, Eistrict, West Champaran at Bettia.
                                                                       ... Respondents.
                                         -----------

3. 01.04.2011 Heard learned counsel for the parties.

Admittedly, the father of the petitioner was

working in Bettiah Raj where the State has been appointed

as custodia legis. Even otherwise the Bettiah Raj is not a

government establishment and the control of the

government on the employees of Bettiah Raj is one out of

compulsion under the Court’s order. The father of the

petitioner therefore cannot be said to be a government

servant so as to clothe the petitioner with a right for being

considered for appointment on compassionate ground. The

Government policy is strictly confined to government

servant, an expression which stands well defined under

Bihar Service Code.

That being so, this writ application is wholly

without substance and is, accordingly, dismissed.

kanchan/-                                      ( Mihir Kumar Jha, J.)