Kanhaiya Lal vs The State Of Bihar &Amp; Ors on 4 April, 2011

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CWJC No.7068 of 2007
Kanhaiya Lal, son of late Hari Shanker Pandit, resident of
Village Dumari Khal, P.O. B.M.P.-7, P.S. and District Katihar.
                                                  ------ Petitioner
                                Versus
1. The State of Bihar through the Secretary, Government of Bihar,
   Patna.
2. The Commissioner, Purnea Division, Purnea at District Purnea.
3. The Collector, Katihar, District Katihar.
4. D.G.P. and I.G. Karmik Department, Bihar, Patna.
5. Superintendent of Police (Rail), Katihar, District Katihar.
                                               -------- Respondents
                             -----------

2 4.4.2011 No one appears on behalf of the

petitioner. Counsel for the State is present

and would draw attention of this Court

towards the resolution passed by the District

Compassionate Appointment Committee dated

15.10.2007 (Annexure-A to the counter

affidavit), wherein, the Committee, having

perused the documents on record, had passed

an unanimous resolution for considering the

case of appointment of the petitioner on

compassionate ground on the post of

Constable, subject to his fulfilling the

minimum prescribed criteria and physical

fitness.

Mr. Arora, learned counsel for the

respondents would submit that he has got no

further instruction as to what action has

been taken on such recommendation made by the

District Compassionate Appointment Committee.
2

This Court believes that the absence

of the counsel for the petitioner is

meaningful, inasmuch as, on the said

recommendation, the process for appointment

must have been taken up.

This Court, however, would not like

to go into the merit of the claim of the

petitioner, inasmuch as, the Committee has

made a qualified recommendation subject to

the petitioner being physically fit and

fulfilling the prescribed criteria for

appointment on the post of Constable in

Police Department.

That being so, this Court would only

direct the competent authority amongst the

respondents to ensure that if a final

decision on the said recommendation of the

Committee has not already been taken, the

same must be taken within a period of three

months from the date of receipt/production of

a copy of this order.

                  With               the              aforementioned

      observations,        this       application          is   disposed

      of.


Rsh                                        (Mihir Kumar Jha, J.)